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CIVIL 


overnment 


ILLINOIS 


UNITED  STATES. 


EDWIN  C.  CRAWFORD,  A.M.,        -S 


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CH  ICAGO: 

George  Sherwood  &  Co. 


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THE  UNIVERSITY 

OF  ILLINOIS 

LIBRARY 

342.773 


ttuii  topical  Surv* 


CIVIL 


GOVEBNMENT 


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ILLINOIS 


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THE    UNITED    STATES. 


EDWIN  C.  CRAWFORD,  A.M., 

Member  of  the  Chicago  Bar. 
Former  Principal  of  "Waukegan  High  School. 


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CHICAGO : 

GEORGE  SHERWOOD  &  COMPANY 

*V 


PREFACE. 


The  objects  of  this  book  are  : 

To  describe  in  detail  every  part  of  the  machinery  of 
government  of  the  State  of  Illinois,  and  of  each  political 
sub-division  of  the  State. 

To  state  briefly  all  the  important  duties  of  every 
public  officer  in  the  State  of  Illinois. 

To  outline  the  government  of  the  United  States. 

It  has  been  written  with  especial  reference  to  the 
wants  of  teachers  and  students,  and  officers  of  school 
districts  and  townships. 

It  is  believed  that  it  will  be  welcomed  by  all  who 
desire  to  be  intelligent  as  to  the  government  in  which 
they  are  most  directly  interested,  namely,  that  of  the4r 
own  state,  county,  township  and  school  district. 

E.  C.  C. 

Chicago,  October  30,  1882. 


COPYRIGHT,  1882, 
BY  GEO.  SHERWOOD  &  Co. 


" 

I  ff  $  2.  TABLE  OF  CONTENTS. 


I.     THE  SCHOOL  DISTRICT. 

PAGE 

School  Directors,  their  Election,  Powers  and  Duties,          -        -  5 
How  School  Districts  Receive  their  Share  of  the  State  Fund, 

\)  )    How  Districts  may  be  Divided.    .......  7 

Transferring  Pupils  from  one  District  to  another,  8 

II.     THE  TOWN 

rv-     Town  and  Township  Distinguished,     ......  8 

xs^     Town  Officers,  their  Terms  of  Office,       .....  9 

Town  Meeting,      .....  10 

*  .  Its  Organization  for  Business,  10 

N^     Powers  and  Duties  of  Voters  at  Town  Meeting,                   -        -  12 

Oath  and  Bonds  of  Town  Officers.  13 

Town  Boards,  their  Powers  and  Duties,      .....  14 

Town  Supervisors,  their  Powers  and  Duties,    -  15 

Town  Clerk,  his  Powers  and  Duties,    ......  15 

Assessor  and  Collector,  their  Powers  and  Duties,  16 

School  Trustees,  their  Powers  and  Duties,  16 

School  Treasurer,  his  Powers  and  Duties,        ....  16 

Highway  Commissioners  and  Overseers,  their  Powers  and  Duties,  17 

Pound  Master  and  Commissioner  of  Canada  Thistles,        -        -  18 

Justices  of  the  Peace  and  Constables,  18 

Civil  Causes,  Criminal  Causes,      -                                                  -  18 

Holding  to  Bail,         .......  19 

Pay  of  Town  Officers,                                                                      -  19 

Special  Town  Meeting,     .....  19 

jj£l*  Nature  of  Town;Government,       .....  20 

ftfficers  of  Township^,  -  21 

^jj  I  III.     THE  COUNTY. 

COUNTIES.  UNDER  TOWNSHIP  ORGANIZATION. 

3Q)unty  Officers,  Tories  of  Office,                          .  22 

The  County  Board,  Powers  and  Duties,  22 

*&\Q  Grand'  Jury,            ...                 .....  24 

The  Petit  Jury,          '-        ........  25 

Sftmnty  and  Probate  fcourts,          .......  25 

County  and  Probate:  Judges,  their  Duties,       -        ...  26 

*6ounty  Clerk,  his  Duties,  27 

Sheriff  his  Duties,  1          ........  27 

'State's  Attorney,  his  Duties,         .......  28 

**Coroner.  his  Duties,.  28 

ktfrcuit  Clerk  and  Recorder  of  Deeds,  their  Duties,  29 

Deeds,  Recording  Deeds,  Mortgages,        -                ...  30 

•JCounty  Treasurer,  his  Duties  30 

Superintendent  of  Schools,  his  Duties,  31 

^Departments  of  County  Government,           .....  31 

4<Q                     COITNTIES  NOT   UNDER   TOWNSHIP  ORGANIZATION.  32 

*"Compensation,  Bonds,  and  Oath  of  County  Officers,          -        -  33 


4  TABLE    OF   CONTENTS. 

IV.    THE   STATE. 

The  Legislature, 33 

Election  of  Members  of  the  Legislature, 34 

Meeting  of  the  Legislature, 34 

Duties  of  Lieutenant-Governor  and  Speaker,       -        -         -        .  34 

Duties  of  the  Legislature, 35 

Executive  Department  of  the  State,     -        -        -        -        -        -  36 

The  Governor,  his  Duties,  Pay.  etc., 36 

If  Governor's  Office  Becomes  Vacant,  Who  Succeeds,        -        -  37 

Secretary  of  State,  his  Duties,  Pay,  etc.,  -        -  38 

Auditor,  his  Duties,  Pay,  etc.,      ...  ...  39 

State  Treasurer,  his  Duties,  Pay^etc.,  39 

Superintendent  of  Public  Instruction,  his  Duties,  Pay,  etc.,       .  40 

Attorney-General,  his  Duties,  Pay,  etc  ,  ....  49 

Returning  Board,  ......  41 

Appointed  State  Officers, 41 

Otiicers  Appointed  by  Governor  with  Consent  of  the  Senate,     -  41 

Officers  Appointed  by  Governor  Alone,  ....  41 

Duties,  Pay,  etc.  of  Former  Officers,  42 

Duties.  Pay,  etc.  of  Latter  Officers, 44 

State  Militia,         ...  45 

Judicial  Department, 45 

Circuit  Courts,        -- 45 

Circuit  Court  Officers,        -        -  45 

Appellate  Courts,  ...  -  46 

The  Supreme  Court  of  the  State, 47 

Pay  of  Officers  of  the  Judicial  Department,  47 

V.     CITIES. 

Their  Government, 48. 

Officers  of  Cities,  their  Duties  and  Pay,  48 

VI.     VILLAGES. 

Their  Government,  Their  Officers, 50 

VII.  GOVERNMENT  OF  THE  UNITED  STATES. 

Congress, 51 

Executive  Department  of  the  United  States,     ...  53 

Judicial  Department  of  the  United  States,  ....  54 

Army  and  Navy  of  the  United  States, 55 

Civil  Service  of  the  United  States, 55 

VIII.    MISCELLANEOUS. 

National  Political  Conventions,     -  -        -  56 

Counties  Comprising  the  Congressional  Districts  of  Illinois,  -  58 

Counties  Comprising  the  Senatorial  Districts  of  Illinois,     -        -  60 

Counties  comprising  the  State  Supreme  Court  Grand  Divisions,  62 

Counties  comprising  the  State  Supreme  Court  Election  Districts,  63 
Counties  comprising  the  Appellate  Court  Districts, 
Counties  comprising  the  Circuit  Courts, 

The  Constitution  of  the  State  of  Illinois,  67 

The  Constitution  of  the  United  States, 95 


CIVIL  GOVERNMENT. 


THE   SCHOOL   DISTKICT. 

Q.  What  are  the  officers  of  a  school  district  called  ? 

A.  Directors. 

Q.  How  many  directors  are  there  in  each  district  ? 

A.  Three. 

Q.  For  Avhat  term  are  they  elected  \ 

A.  Three  years. 

Q.  When  are  they  elected  ? 

A.  One  director  is  elected  every  year  at  the  annual 
district  election,  which  is  held  on  the  third  Saturday  of 
April. 

Q.  What  notice  must  be  given  before  the  election  ? 

A.  Ten  days  before  the  election  the  directors  must 
put  up  notices  in  three  of  the  most  public  places  in  the 
district,  stating  the  place  where  the  election  will  be 
held,  when  the  voting  will  begin  and  end,  and  the  ques- 
tions that  will  be  voted  on. 

Q.  What  must  the  directors  do  within  ten  days  after 
the  election? 

A.  They  must  meet  and  choose  one  of  their  number 
president  and  another  clerk  of  the  board  of  directors. 

Q.   What  are  the  president's  duties  ? 

A.  To  preside  at  the  meetings  and  execute  the  orders 
of  the  board. 

Q.  What  are  the  clerk's  duties  ? 

A.  To  keep  a  record  of  the  acts  of  the  board,  and 
submit  it  on  the  first  Mondays  of  April  and  October  to 
the  town  treasurer.  On  or  before  July  7,  annually,  to 


6  CRAWFORD'S  CIVIL  GOVERNMENT. 

report  to  the  town  treasurer  such  facts  as  the  treasurer 
must  report  to  the  county  superintendent. 

DUTIES  OF  DIRECTORS. 

Q.  What  are  the  duties  of  the  whole  board  of  direc- 
tors ? 

AS   TO   TEACHERS? 

A.  To  appoint  teachers  and  fix  their  pay,  and  to  dis- 
miss them  for  incompetency  or  bad  conduct. 

AS   TO   SCHOOL    MANAGEMENT? 

A.  To  visit  schools  and  make  rules  for  their  govern- 
ment. To  direct  what  branches  shall  be  taught.  Not  to 
permit  a  change  of  text  books  oftener  than  once  in  four 
years. 

AS  TO  REPORTS  TO  TREASURER? 

A.  To  report  to  the  town  treasurer  whatever  facts  the 
law  requires  him  to  report  to  the  county  superintendent. 

AS  TO   TAXATION? 

A.  To  levy  a  tax  sufficient,  with  the  district's  share  of 
the  State  fund,  to  maintain  school  at  least  five  months  in 
the  year. 

Directors  can  not  levy  a  tax  of  more  than  three  per  cent,  for  build- 
ing and  two  per  cent,  for  other  educational  purposes.  They  can 
levy  a  tax  sufficient  to  maintain  school  nine  months  of  the  year,  if 
the  tax  does  not  exceed  two  per  cent,  of  the  assessed  value  of  all  the 
property  in  the  district. 

AS   TO   REPORTS   TO   VOTERS? 

A.  Directors  must  at  the  annual  district  election  submit 
to  the  voters  a  report  of  all  sums  of  money  received 
and  paid  out  by  them  during  the  year  (having  sent  a 
copy  to  the  town  treasurer  within  five  days  of  the  time  of 
election),  and  must  post  on  the  door  of  the  house  where 
the  election  is  held  the  town  treasurer's  exhibit  of  the 
sums  received  and  expended  by  the  district  during  the 
preceding  year.  They  must  also  give  the  names  of  all 


THE    SCHOOL   DISTRICT.  7 

persons  between  the  ages  of  twelve  and  twenty-one  in 
the  district  who  can  not  read  and  write,  and  state  the 
causes  of  the  neglect  to  educate  them. 

AS  TO   COMPULSORY  EDUCATION. 

To  compel  all  children  between  the  ages  of  eight  and 
fourteen  years,  to  attend  school,  at  least  twelve  weeks 
in  each  school  year.  Failure  to  perform  this  duty  sub- 
jects directors  to^rosecution  and  a  fine  of  ten  dollars. 

HOW  DISTRICTS  RECEIVE  THEIR  SHARE  OF  THE 
STATE  FUND. 

Q.  How  do  districts  receive  their  share  of  the  State 
school  fund  ? 

A.  On  the  first  Monday  in  January  every  year,  next 
after  taking  the  census  of  the  State,  the  State  auditor 
issues  to  the  superintendent  of  schools  in  each  county  an 
order  on  the  county  treasurer  for  a  sum  of  money  pro- 
portioned to  the  number  of  children  in  the  county  under 
twenty-one  years  of  .age. 

Next,  the  county  superintendent  must  require  each 
town  treasurer  to  give  a  sufficient  bond  for  the  safe- 
keeping of  the  money  to  be  paid  over  to  him,  and  then 
pay  to  him  a  sum  proportioned  to  the  children  under 
twenty-one  in  his  town. 

The  trustees  then  find  how  much  each  district  is  en- 
titled to,  the  sum  being  proportioned  to  the  children  in 
the  district  under  twenty-one.  They  then  let  the  direc- 
tors of  each  district  know  what  sum  belongs  to  their 
district,  and  that  sum  is  paid  out  by  the  town  treasurer 
as  the  directors  give  orders.  The  directors'  orders  for 
the  payment  of  money  must  be  in  writing. 

HOW  DISTRICTS  MAY  BE  DIVIDED. 
Q.  Who  lay  out  a  town  in  school  districts  ? 
A.  The  trustees.     (See  page  8.) 


8  CRAWFORD'S  CIVIL  GOVERNMENT. 

Q.  How  can  the  boundaries  of  districts  be  altered  ? 

A.  Trustees  may  alter  them  when  petitioned  so  to  do 
by  two-thirds  of  the  voters  in  the  districts  to  be  altered. 
The  voters  who  are  dissatisfied  at  the  alterations  may 
appeal  to  the  county  superintendent,  if  they  will  do  so 
within  ten  days  from  the  time  when  the  alterations  are 
made.  The  county  superintendent  can  take  such  action 
as  seems  to  him  best. 

TRANSFERRING  PUPILS. 

Q.  How  may  pupils  be  transferred  from  one  district 
to  another  ? 

A.  By  getting  the  written  consent  of  a  majority  of 
the  directors  of  both  districts. 

Q.  What  is  the  smallest  number  of  families  that  may 
be  organized  into  a  district  ? 

A.  No  new  district  can  be  created  containing  less  than 
ten  families. 


H.    THE  TOWN. 

TOWNS  AND  TOWNSHIPS  DISTINGUISHED. 

Q.  In  what  town  (or  township)  do  you  live  ?  Give  its 
bounds.  What  cities  or  villages  does  it  contain  ?  How 
many  are  its  school  districts  ? 

Q.  Who  lay  out  towns  ? 

A.  Three  commissioners,  appointed  by  the  county 
board.  (See  page  22.) 

Q.  Who  lay  out  townships  ? 

A.  United  States  surveyors,  when  the  Government 
lands  are  first  surveyed.  A  township  is  six  miles  square. 

Q.  Do  the  "towns"  of  a  county  coincide  with  its 
"townships?" 


THE   TOWN.  9 

A.  Not  always.  But  it  is  the  duty  of  county  boards 
to  so  lay  out  towns  that  they  will  coincide  with  town- 
ships, if  possible. 

Q.  What  is  the  chief  difference  between  "towns" 
and  "townships." 

A.  Towns  govern  themselves  in  all  local  matters. 
Townships  govern  themselves  in  school  affairs  only. 
In  all  other  local  matters  they  are  governed  by  the 
county  boards. 

Q.  What  is  the  origin  of  "town  government"  in 
Illinois  ? 

A.  In  1848  a  new  State  constitution  was  adopted, 
which  provided  that  town  government  might  be  organ- 
ized in  all  counties  where  a  majority  of  the  people  voted 
for  it.  The  constitution  adopted  in  1870  contains  a 
similar  provision. 

Q.  Have  all  the  counties  in  the  State  accepted  town 
government,  or  "  township  organization,"  as  it  is  more 
commonly  called  ? 

A.  No.  About  twenty  counties  have  not  yet  done  so. 
These  counties  are  in  the  southern  part  of  the  State. 

Q.  Has  the  county  in  which  you  live  adopted  town- 
ship organization  2  If  yes,  when  did  it  do  so  ? 

TOWN  OFFICERS— THEIR  TERMS  OF  OFFICE. 

Q.  What  officers  do  towns  have,  and  what  are  their 
terms  of  office  ( 

A.  One  or  more  supervisors,  a  collector,  a  clerk,  an 
a--i  '-sor  ;  term  of  each,  one  year.  Treasurer;  term, 
two  years.  Three  school  trustees,  three  highway  com- 
inissiojiers ;  term  three  years,  one  trustee  and  one 
commissioner  being  elected  annually.  Two  or  more 
justices  of  the  peace  ;  two  or  more  constables  ;  term 
of  each,  four  years.  One  or  more  pouiidmasters  may 


10  CRAWFORD'S  CIVIL  GOVERNMENT. 

be  elected  at  town  meetings,  to  serve  one  year.  A 
commissioner  of  Canada  thistles  may  be  appointed  by 
the  board  of  town  auditors,  to  serve  three  years. 

Q.  In  what  case  has  a  town  more  than  one  super- 
visor ? 

A.  In  towns  of  4,000  inhabitants  there  is  one  assist- 
ant, and  for  every  2,500  above  4,000  one  supervisor  is 
added. 

Q.  In  what  case  are  there  more  than  two  justices  and 
two  constables? 

A.  One  justice  and  one  constable  are  added  for  every 
1,000  inhabitants  above  2,000  till  there  are  five  of  each. 

TOWN  MEETING. 

Q.  What  do  towns  have  that  unorganized  town- 
ships lack  ? 

A.  Town  meetings. 

Q.  What  is  a  town  meeting  ? 

A.  It  is  a  meeting  of  the  voters  of  the  town  to  elect 
town  officers,  adopt  rules  for  the  government  of  the 
town,  and  to  hear  the  reports  of  the  town  officers  for 
the  preceding  year. 

Q.  When  is  the  annual  town  meeting  held  ? 

A.  On  the  first  Tuesday  of  April. 

Q.   What  must  precede  the  meeting  ? 

A.  The  town  clerk  must  post  notices  of  the  time  and 
place  of  holding  the  meeting  in  three  of  the  most  public 
places  in  the  town  ten  days  before  the  meeting,  and  in- 
sert the  notice  also  in  a  newspaper,  if  any  is  published 
in  the  town. 

ORGANIZATION  OF  THE  TOWN  MEETING. 

Q.   How  does  a  town  meeting  prepare  for  business  ? 
A.  Between  8  and  9  o'clock  the  town  clerk  calls  the 


THE   TOWN.  11 

meeting  to  order,  and  calls  on  the  voters  present  to  elect 
one  of  their  number  moderator. 

Q.  What  must  the  moderator  do  before  assuming 
his  office? 

A.  He  must  take  an  oath,  faithfully  to  discharge  his 
duties. 

Q.  What  are  his  duties  ? 

A.  To  act  as  a  judge  of  election  and  preside  over  the 
meeting  during  the  transaction  of  miscellaneous  busi- 
ness. 

Q.  What  further  duties  has  the  clerk  after  the  elec- 
tion of  moderator  ? 

A.  He  must  write  all  the  proceedings  of  the  meeting 
in  a  book  known  as  the  "town  records,"  and  must  sign 
his  name  to  the  record  of  each  meeting.  The  moderator 
must  also  sign  his  name  to  the  same. 

Q.  After  the  moderator  is  chosen  and  has  taken  his 
oath  of  office,  what  is  next  done  ? 

A.  The  ballot  box  is  produced  and  voting  for  town 
officers  begins. 

Q.  How  are  town  officers  voted  for  ? 

A.  By  ballot.  That  is,  each  voter  hands  a  ticket  con- 
taining the  names  of  the  candidates  for  whom  he  wishes 
to  vote  to  a  judge  of  election,  who  puts  it  in  the  ballot 
box. 

Q.  Who  besides  the  moderator  are  judges  of  elec- 
tion ? 

A.  The  supervisor,  collector  and  assessor. 

Q.   What  are  the  duties  of  judges  of  election  ? 

A.  To  receive  the  ballots  {or  tickets),  not  permit  any 
unqualified  person  to  vote,  and  to  count  the  votes  after 
the  polls  are  closed. 

Q.  What  persons  have  a  right  to  vote  ? 

A.  All  men  21  years  old  or  older,  who  are  citizens  of 


12  CRAWFORD'S  CIVIL  GOVERNMENT. 

the  United  States,  and  have  lived  in  the  State  one  year, 
in  the  county  ninety  days,  and  in  the  voting  precinct 
thirty  days  next  preceding  the  election. 

POWERS  AND  DUTIES  OF  TOWN  MEETINGS. 

Q.  What  besides  electing  officers  is  done  at  town 
meeting  ? 

A.  Miscellaneous  business  is  attended  to. 

Q.  When  is  this  done  ? 

A.  At  2  o'clock  in  the  afternoon  the  ballot  box  is 
closed,  and  the  moderator  calls  the  meeting  to  order  for 
miscellaneous  business. 

Q.  What  are  some  of  the  things  that  may  be  done 
under  the  name  of  miscellaneous  business  ? 

A.  Under  the  name  of  miscellaneous  business  the 
voters  may  hear  and  act  upon  the  reports  of  officers  for 
the  preceding  year. 

May  order  the  raising  of  money  by  taxation  for  roads, 
bridges,  and  some  other  objects. 

May  direct  the  proper  officers  to  commence  and  de- 
fend lawsuits  for  the  town. 

May  offer  rewards  for  the  destruction  of  Canada 
thistles. 

May  offer  rewards  for  planting  trees  by  public  roads. 

May  make  rules  about  fences  in  the  town. 

May  regulate  or  forbid  the  running  at  large  of  stock. 

May  provide  for  public  wells  and  watering  places. 

May  forbid  the  doing  of  anything  that  will  lessen  the 
healthfulness  of  the  town. 

May  decide  whether  the  road  tax  shall  be  paid  in 
money  or  in  work. 

May  provide  for  fining  any  one  who  shall  break  any 
of  the  rules  adopted  at  town  meeting.  No  fine  can  be 
more  than  $50.00. 


THE   TOWN.  13 

Q.  How  may  votes  be  taken  on  questions  of  miscel- 
laneous business? 

A.  In  three  ways.  Viva  voee,  that  is,  by  answering 
"  Aye  "or  "  No  "  to  the  questions  put  to  the  meeting  by 
the  moderator  ;  by  division  of  the  house,  that  is,  by 
those  favoring  a  motion,  moving  to  one  side  of  the  house, 
those  opposing,  to  the  other ;  and  by  standing  to  be 
counted. 

Q.  What  follows  miscellaneous  business  ? 

A.  After  the  moderator  announces  that  it  is  closed, 
the  ballot  box  is  again  produced,  and  voting  for  town 
officers  begins  again  and  continues  until  the  closing  of 
the  polls.  As  soon  as  the  polls  are  closed,  the  judges  of 
election  count  the  votes,  and  the  clerk  makes  a  record 
of  the  result  and  reads  this  publicly  to  the  meeting. 

Q.  If  a  town  office  becomes  vacant  by  death,  resigna- 
tion or  other  means,  what  is  done  ? 

A.  The  town  board  of  appointment,  consisting  of  the 
supervisor,  clerk  and  justices  of  the  peace,  choose  some 
person  to  fill  the  vacancy  during  the  remainder  of  the 
term. 

OATH  AND  BONDS  OF  TOWN  OFFICERS. 

Q.  What  must  all  town  officers  do  before  taking  pos- 
session of  their  offices  ? 

A.  They  must  take  an  oath  in  which  they  promise  to 
support  the  constitution  of  the  United  States  and  of 
Illinois,  and  to  faithfully  perform  the  duties  of  their 
offices. 

Every  officer  that  has  public  money  to  handle  must 
give  an  official  bond  for  double  the  sum  of  money 
that  he  will  receive,  to  secure  the  public  against  loss. 

Q.  What  is  an  official  bond  ? 

A.  It  is  a  written  promise  by  an  officer  and  at  least 


14  CRAWFORD'S   CIVIL   GOVERNMENT. 

two  other  persons  to  pay  into  the  public  treasury  a  cer- 
tain sum  of  money  if  the  officer  does  not  take  proper 
care  of  the  public  money  that  may  come  into  his  hands. 

TOWN  BOARDS. 

Q.  Name  the  various  town  boards,  and  state  who 
compose  them  and  what  their  duties  are  ? 

A.  The  board  of  appointment  has  been  already 
described. 

The  board  of  health  consists  of  the  supervisors,  the  as- 
sessor and  town  clerk.  It  is  their  duty  to  prevent  the 
spread  of  contagious  diseases. 

The  board  of  auditors  consists  of  the  supervisor,  clerk, 
and  one  or  more  justices  of  the  peace.  It  is  their  duty 
to  examine  all  claims  against  the  town,  and  to  see 
that  the  town  is  not  defrauded  out  of  any  money. 
For  this  purpose  they  meet  at  the  town  clerk's  office 
twice  a  year,  on  the  Tuesday  before  the  annual  meet- 
ing of  the  county  board,  and  on  the  Tuesday  before  the 
annual  town  meeting. 

At  these  meetings  the  accounts  of  all  the  town  officers 
are  examined  for  the  purpose  of  learning  whether  the 
public  money  has  been  properly  cared  for  and  judiciously 
expended. 

The  board  of  equalization  consists  of  the  assessor, 
clerk  and  supervisor.  This  board  meets  on  the  fourth 
Monday  in  June,  every  year,  to  equalize  assessments  of 
the  value  of  property.  The  assessor  may  set  too  high 
a  value  on  some  property  and  too  low  a  value  on  other 
property.  The  owners  of  the  former  would  pay  too 
much  tax,  the  owners  of  the  latter  too  little.  It  is  the 
duty  of  the  board  to  equalize  all  the  assessor's  valua- 
tions as  nearly  as  possible. 


THE   TOWN.  15 

DUTIES   OF   TOWN   OFFICERS. 
SUPERVISORS. 

Q.  What  are  the  duties  of  the  principal  supervisor  ? 

A.  To  act  as  treasurer  of  all  town  money  except  the 
school  and  the  highway  and  bridge  funds. 

To  oversee  the  town  paupers. 

To  attend  meetings  of  the  county  board. 

To  report  to  the  town  board  of  auditors  one  week  be- 
fore the  annual  town  meeting  all  sums  of  money 
received  and  paid  out  by  him  during  the  year. 

To  file  with  the  town  clerk,  one  week  before  the  an- 
nual town  meeting,  a  statement  showing  what  sums  of 
money  are  due  the  town  and  what  sums  the  town  owes. 
(This  statement  the  clerk  must  copy  into  the  town 
records  and  read  at  the  town  meeting.) 

To  carry  on  lawsuits  for  the  recovery  of  fines  and 
penalties  due  the  town. 

Q.  What  are  the  duties  of  assistant  supervisors  . 

A.  They  have  no  authority  in  town  affairs  (except  as 
members  of  the  board  of  health),  but  in  the  county 
board  they  have  the  same  powers  as  the  principal  super- 
visor. 

CLERK. 

Q.  What  are  the  clerk's  duties  ? 

A.  To  take  care  of  all  records,  books  and  papers 
belonging  to  the  town. 

To  record  all  acts  of  town  meetings  and  of  the  town 
board  of  auditors. 

To  send  to  the  county  clerk,  on  or  before  the  second 
Tuesday  in  August,  a  statement  of  the  amount  of  taxes 
to  be  levied  in  his  town  for  that  year. 


16  CRAWFORD'S   CIVIL   GOVERNMENT 

ASSESSOR,  COLLECTOR. 

Q.  What  is  the  assessor's  duty  ? 

A.  To  make  an  assessment  of  all  the  property  in  the 
town. 

Q.  What  is  an  assessment  ? 

A.  It  is  a  value  set  on  property  and  written  down  in 
the  assessor's  book  for  the  ptirposo  of  taxation. 

Q.  How  is  each  man's  tax  found  ? 

A.  By  multiplying  the  value  of  his  property  as  fixed 
by  the  assessor  by  the  rate  per  cent,  of  taxation. 

Q.  What  are  the  collector's  duties  ? 

A.  To  collect  the  town  taxes.  To  pay  those  levied 
for  school  purposes  to  the  treasurer  of  the  school  fund  ; 
those  levied  for  roads  and  bridges,  to  the  treasurer  of 
the  highway  commissioners  ;  and  those  levied  for  gen- 
eral town  purposes,  to  the  principal  supervisor. 

SCHOOL  TRUSTEES. 

Q.  What  are  the  duties  of  trustees  of  schools  ? 

A.  To  divide  the  town  into  school  districts  according 
to  the  wishes  of  a  majority  of  the  people. 

To  divide  the  school  money  among  the  districts  in 
proportion  to  the  number  of  children  in  each,  under 
twenty-one  years  of  age. 

To  withhold  money  from  all  districts  that  do  not  keep 
their  schools  according  to  law,  and  in  obedience  to  the 
directions  of  the  county  and  State  superintendents. 

To  control  township  high  schools,  when  such  have 
been  established. 

To  appoint  a  treasurer  of  the  school  funds. 

SCHOOL  TREASURER. 

Q.  What  are  the  school  treasurer's  duties  ? 

A.  To  take  care  of  the  school  money  of  the  town. 


THE   TOWN.  17 

To  keep  the  permanent  school  funds  at  interest. 

To  report  annually  to  the  trustees,  all  sums  received, 
paid  out,  and  in  hand. 

To  settle  twice  a  year  with  the  directors,  making  a 
sworn  statement  that  will  show  the  amount  each  district 
is  entitled  to. 

To  report  under  oath,  on  or  before  September  30, 
annually,  to  the  county  superintendent  the  condition  of 
the  township  funds. 

To  report  to  the  county  superintendent  such  facts  as 
are  called  for  by  the  State  superintendent. 

HIGHWAY  COMMISSIONERS. 

Q.  What  are  the  duties  of  highway  commissioners  ? 

A.  To  choose  one  of  their  number  treasurer. 

To  divide  the  town  into  a  suitable  number  of  road 
districts. 

To  lay  out  new  roads  and  alter  old  ones,  and  to  build 
new  bridges,  when  they  deem  such  acts  necessary. 

To  keep  roads  and  bridges  in  repair. 

To  put  up  guide  boards  at  forks  and  crossings. 

To  levy  a  road  tax  and  see  that  it  is  collected,  or  an 
equivalent  amount  of  work  done  on  the  roads  of  the 
town. 

To  appoint,  in  towns  where  road  tax  is  paid  in  labor, 
an  overseer  of  highways  in  each  road  district. 

To  give  directions  to  overseers  of  highways  about  the 
work  in  their  respective  road  districts, 

OVERSEERS  OF  HIGHWAYS. 

Q.  What  is  the  duty  of  overseers  of  highways  ? 
A.  To  superintend  the  road  work  done  in  their  re 
spective  districts. 
1* 


18  CRAWFORD'S  CIVIL  GOVERNMENT. 

POUNDMASTER  AND  COMMISSIONER  OF  CANADA 
THISTLES. 

Q.  What  is  the  poundmaster's  duty  ? 

A.  To  shut  up  stock  found  running  at  large,  and  hold 
it  till  the  owners  take  charge  of  it. 

Q.  What  is  the  duty  of  the  commissioner  of  Canada 
thistles  ? 

A.  To  destroy  all  Canada  thistles  found  growing  in 

the  town. 

JUSTICES  AND  CONSTABLES 

Q.  What  are  the  duties  of  justices  of  the  peace  ? 

A.  To  try  civil  causes  when  the  sum  in  dispute  is  not 
more  than  $200. 

To  try  criminal  causes,  when  the  punishment  is  by  fine 
only  and  the  fine  is  not  more  than  $200. 

To  try  offenders  in  cases  of  assault  and  battery,  and 
in  some  other  cases. 

To  examine  those  accused  of  offenses  punishable  by 
imprisonment  in  the  county  jail  or  penitentiary,  and  if 
the  evidence  shows  their  guilt,  to  hold  them  to  bail  or 
send  them  to  jail,  to  remain  till  the  meeting  of  the  grand 


Q.  What  are  the  duties  of  constables  ? 
A.  To  stop  all  disorderly  conduct  that  they  witness, 
and  to  execute  the  orders  of  justices  of  the  peace  and 

other  magistrates. 

CIVIL  CAUSES. 

Q.  What  is  a  civil  cause  ? 

A.  It  is  a  suit  in  court  to  compel  the  defendant  to  pay 
the  plaintiff  a  sum  of  money  for  a  debt  due  or  an  injury 
done  to  the  plaintiff,  or  to  recover  possession  of 

property. 

CRIMINAL   CAUSES. 

Q.  What  is  a  criminal  cause  ? 


THE   TOWN.  19 

A.  It  is  a  suit  brought  to  secure  the  punishment  of 
some  person  who  has  offended  against  a  public  law. 

Q.  What  is  a  fine? 

A.  It  is  a  sum  of  money  to  be  paid  into  the  public 
treasury  by  an  offender  against  law  as  a  punishment  for 
his  offense. 

Q.  What  is  an  assault  ? 

A.  An  attempt  by  one  person  to  strike  another.  If 
the  act  is  done,  the  offense  becomes  assault  and  battery. 

HOLDING  TO  BAIL. 

Q.  What  is  "  holding  to  bail  ? " 

A.  It  is  compelling  a  prisoner  to  produce  a  certain 
number  of  persons  who  will  promise  in  writing  to  pay 
into  the  public  treasury  a  given  sum  of  money,  if  the 
prisoner,  being  set  at  liberty,  does  not  afterward  appear 
in  court  on  a  certain  day. 

PAY  OF  TOWN  OFFICERS. 

Q.  What  can  you  say  of  the  pay  of  town  officers  ? 

A.  Some  are  paid  by  the  day,  others  partly  by  the 
day  and  partly  in  fees.  Those  paid  by  the  day  receive 
from  $1.25  to  $2.50  per  day.  The  fees  vary  widely  in 
amount,  and  are  fixed  by  State  law. 

Q.  What  is  a  fee? 

A.  A  certain  sum  to  be  received  for  a  certain  service. 
For  example,  the  clerk  receives  twenty-five  cents  for 
posting  a  notice  of  a  town  meeting. 

SPECIAL  TOWN   MEETINGS. 

Q.  Can  there  be  more  than  one  town  meeting  in  the 
same  year  ? 

A.  Special  town  meetings  may  be  held  when  the 
supervisor,  clerk,  and  a  justice  of  the  peace,  or  any  two 
of  these  officers,  together  with  at  least  fifteen  voters, 


20  CRAWFORD'S  CIVIL  GOVERNMENT. 

sign  a  written  statement  that  a  special  town  meeting  is 
necessary,  and  tile  this  statement  in  the  town  clerk's 
office.  This  statement  must  describe  the  object  of  the 
meeting. 

Notice  must  then  be  given  as  for  other  town  meetings, 
the  notice  stating  the  object  for  which  the  meeting  is 
called.  No  business  can  be  done  at  a  special  town  meet- 
ing, except  such  as  is  described  in  the  statement  filed 
with  the  clerk  and  contained  in  the  clerk's  notice  of  the 
meeting. 

THE  NATURE  OF  TOWN  GOVERNMENT. 

Q.  What  three  kinds  of  acts  are  done  in  governing 
a  town  ? 

A.  Legislative,  executive  and  judicial. 

Q.  Who  do  the  first? 

A.  The  voters  at  town  meeting,  when  they  vote  on 
motions  during  the  transaction  of  miscellaneous  busi- 
ness. The  motions  that  they  adopt  become  laws  for  the 
government  of  the  town. 

Q.  Who  do  the  second  ? 

A.  The  supervisor,  school  trustees  and  highway  com- 
missioners. They  see  that  the  laws  made  at  town  meet- 
ing (and  also  State  laws)  are  put  into  effect,  or  executed. 

Q.  Who  perform  the  third  kind  of  acts  ? 

A.  Justices  of  the  peace  and  constables.  They  enforce 
obedience  to  the  laws  by  punishing  those  who  break 
them. 

As  in  the  town,  so  in  the  village,  the  city,  the  county, 
the  State,  and  the  United  States,  we  shall  find  these 
three  departments  of  government,  and  only  these, 
namely  ;  the  legislative  or  law-making,  the  executive,  or 
that  which  puts  the  law  into  operation,  and  the  judicial, 
or  law-enforcing. 


THE    TOWN.  21 

Q.  What  kind  of  a  government  is  that  of  a  town  ? 

A.  A  pure  democracy.  The  people  themselves  make 
the  laws. 

Q.  What  kind  of  a  government  is  that  of  an  unorgan- 
ized township? 

A.  A  representative  democracy.  The  local  laws  for 
the  township  (except  in  school  matters)  are  made  by 
representatives  chosen  by  the  people ;  namely,  the 
county  commissioners. 

(It  is  to  be  remembered  that  over  the  laws  made  as 
above  described,  are  the  general  laws  made  by  the  State 
legislature  for  towns  and  townships  alike.) 

OFFICERS  OF  TOWNSHIPS. 

Q.  Do  unorganized  townships  have  the  same  officers 
as  towns  ? 

A.  They  have  three  school  trustees,  but  no  other 
officers,  one  trustee  being  elected  on  the  second  Satur- 
day in  April  each  year. 

In  counties  under  township  organization,  if  any  town- 
ships do  not  coincide  with  the  bounds  of  organized 
towns,  such  townships  also  hold  their  election  for  school 
trustee  on  the  second  Saturday  in  April.  And  if  a 
township  lies  partly  in  two  or  more  counties,  it  never- 
theless elects  school  trustees,  and  is  governed  in  school 
matters  as  if  it  lay  wholly  in  one  county  and  was  not 
coincident  in  its  bounds  with  an  organized  town. 

In  counties  not  under  township  organization,  the 
county  board  divides  the  county  into  election  precincts. 
Each  precinct  elects  as  many  justices  and  constables  as 
a  town  of  equal  population. 

Q.  How  many  kinds  of  townships  are  there  in  Illi- 
nois? 


22  CRAWFORD'S  CIVIL  GOVERNMENT. 


III.    THE   COUNTY. 

Q.  What  political  division  of  the  State  is  larger  than 
the  town  ? 

A.  The  county. 

Q.  In  what  county  do  you  live  ?  How  large  is  it  ? 
Is  it  under  township  organization?  If  so,  give  the 
names  of  its  towns.  Give  its  bounds.  Name  its  seat. 
What  is  a  county  seat? 

A.  It  is  the  city  or  village  where  the  court-house  and 
county  offices  are,  and  where  the  county  business  is 
done. 

COUNTY  OFFICERS— THEIR  TERMS  OF  OFFICE. 

Q.  Name  the  officers  of  a  county  and  give  the  term  of 
each. 

A.  County  clerk,  clerk  of  the  circuit  court,  recorder, 
county  judge,  probate  judge,  State's  attorney,  sheriff, 
superintendent  of  schools,  treasurer  and  coroner  ;  term, 
four  years.  In  counties  under  township  organization, 
supervisors ;  one  or  more  from  each  town,  and  one  or 
more  from  each  city  in  the  county  (the  number  from 
cities  being  determined  in  the  same  way  as  in  towns) ; 
term,  one  year. 

In  counties  not  under  township  organization,  instead 
of  supervisors  there  are  three  commissioners,  elected  by 
the  whole  county  for  a  term  of  three  years. 

THE  COUNTY  BOARD— POWERS  AND  DUTIES. 

Q.  What  officers  constitute  the  county  board  ? 
A.  The  supervisors  or  commissioners. 
Q.  How  many  meetings  do  the  supervisors  hold  in  a 
year  ? 


THE   COUNTY.  23 

A.  Two  regular  meetings,  namely,  on  the  second 
Monday  in  July  and  the  second  Tuesday  in  September ; 
and  special  meetings  whenever  one-third  of  their  num- 
ber ask  for  such  meetings. 

Q.  How  does  the  county  board  organize  for  business  ? 

A.  The  first  meeting  of  the  year  is  called  to  order  by 
the  county  clerk,  when  the  supervisors  proceed  to  elect 
one  of  their  number  chairman  for  the  succeeding 
year. 

Q.  What  are  the  duties  of  the  chairman  ? 

A.  To  appoint  the  committees  and  preside  over  the 
meetings  of  the  board. 

Q.  What  can  you  say  about  the  committees  ? 

A.  A  committee  consists  of  three  or  more  members 
of  the  board,  whose  special  duty  it  is  to  look  after  some 
branch  of  the  county  business.  Thus,  the  members  of 
the  committee  for  the  poor  see  that  the  county  farm  for 
the  support  of  the  county's  paupers  is  properly  man- 
aged, and  that  the  paupers  are  properly  fed,  clothed  and 
housed.  They  also  examine  and  allow  or  disallow  bills  for 
the  support  of  the  poor.  This  is  called  "  auditing  bills." 
Nearly  all  the  county  business  is  divided  among  the 
committees  of  the  board,  but  each  committee  must 
report  all  its  proposed  acts  to  the  board  for  its  approval 
before  the  acts  can  be  done. 

Q.  What  are  some  of  the  duties  of  the  whole  board  ? 

A.  To  erect  and  furnish  a  court-house,  jail,  and  other 
necessary  county  buildings.  To  levy  special  taxes  for 
this  and  other  purposes. 

To  fix  the  pay  of  county  officers,  which  can  not  be 
changed  during  the  term  for  which  the  officers  are 
elected. 

To  take  measures  for  prosecuting  and  defending  the 
lawsuits  of  the  county. 


24:  CRAWFORD'S  CIVIL  GOVERNMENT. 

To  select  grand  jurors,  and  prepare  a  list  from  which 
the  circuit  clerk  may  draw  petit  jurors. 

To  examine  all  bills  against  the  county,  and  see  that 
none  are  paid  except  those  that  are  just. 

To  examine  the  accounts  of  the  county  treasurer  and 
count  the  money  in  the  treasury  twice  a  year. 

To  publish  in  a  paper  of  the  county  after  each  meet- 
ing a  full  report  of  all  their  acts. 

The  supervisors  must  hold  their  meetings  with  open 
doors,  and,  if  possible,  in  the  court-house. 

They  can  not  levy  a  tax  of  more  than  75  cents  on 
$100  valuation  for  ordinary  county  expenses,  nor  more 
than  100  cents  on  $100  valuation  to  pay  a  county  debt, 
existing  at  the  time  of  the  adoption  of  the  present  State 
constitution,  nor  contract  a  bonded  debt  for  the  county, 
without  first  submitting  the  question  of  such  tax  or  debt 
to  a  vote  of  the  people. 

Q.  Why  is  the  county  board  required  to  hold  its 
meetings  with  open  doors,  and  to  publish  accounts  of  its 
proceedings  ? 

THE  GRAND  JURY. 

Q.  What  can  you  say  about  a  grand  jury  ? 

A.  A  grand  jury  consists  of  twenty-three  men.  It  is 
their  duty  to  examine  evidence  against  those  accused  of 
crime,  and  if  the  evidence  is  strong  enough,  to  advise 
the  court  to  put  the  accused  on  trial.  The  grand  jury's 
advice  in  such  a  case  consists  in  giving  the  court  a  paper 
called  an  "  indictment,"  in  which  the  criminal  is  named 
and  his  crime  is  described.  A  majority  of  the  grand 
jury  must  vote  in  favor  of  an  indictment  before  it  can 
be  presented  to  the  court.  The  grand  jury  hears  no 
evidence  in  defense,  and  its  meetings  are  not  open  to  the 
public. 


THE  COUNTY.  25 


PETIT  JUKY. 

Q.  What  can  you  say  of  a  petit  jury  ? 

A.  A  petit  jury  consists  of  twelve  men.  It  is  their 
duty  to  hear  the  evidence  on  both  sides  of  every  case 
brought  before  them,  and  to  decide  the  case  according  to 
the  weight  of  the  evidence  and-  the  law  that  applies  to 
that  particular  case.  The  law  is  explained  to  them  by 
the  judge.  Their  decision  is  called  a  "verdict."  A 
verdict  can  not  be  given  unless  all  the  jury  vote  for  it. 

COUNTY  AND  PROBATE  COURT. 

Q.  Are  the  offices  of  county  judge  and  probate  judge 
tilled  by  one  man  or  two  men  in  your  county  ? 

Q.  In  what  case  are  these  offices  separate  ? 

A.  In  counties  of  50,000  inhabitants  two  men  may  be 
elected  to  fill  these  offices.  In  counties  of  less  than 
50,000  inhabitants,  one  man  is  elected  to  perform  the 
duties  of  both  offices.  In  this  case  he  is  called  simply 
the  "  county  judge,"  and  his  court  is  called  the  "  county 
court." 

Q.  What  jurisdiction  have  probate  courts  ? 

A.  They  have  original  jurisdiction  in  matters  relating 
to  wills,  the  settlement  of  estates  of  deceased  persons, 
apprentices,  guardians  of  minors,  and  conservators  of 
the  insane  and  the  imbecile. 

Q.  What  is  meant  by  "original  jurisdiction?" 
By  "  exclusive  jurisdiction  ?  " 

A.  When  a  court  has  original  jurisdiction  in  any  mat- 
ters, suits  about  those  matters  may  be  commenced  in 
that  court. 

When  a  court  has  exclusive  jurisdiction  in  any  mat- 
2 


26  CRAWFORD'S  CIVIL  GOVERNMENT. 

ters,  suits  about  such  matters  must  be  commenced  in 
that  court  alone. 

Q.  What  jurisdiction  have  county  courts  ? 

A.  They  have  exclusive  jurisdiction  in  suits  for  the 
collection  of  taxes  by  sale  of  real  estate,  and  concurrent 
jurisdiction  with  circuit  courts  in  civil  matters,  in  all 
cases  like  those  brought  before  justices  of  the  peace,  if 
the  amount  in  dispute  does  not  exceed  $1,000,  and  in 
criminal  matters,  if  the  punishment  may  not  be  im- 
prisonment in  the  penitentiary  or  death.  County  courts 
have  also  concurrent  jurisdiction  with  circuit  courts  in 
cases  appealed  from  justices  of  the  peace  and  police 
magistrates. 

Q.  What  is  meant  by  "  concurrent  jurisdiction  ?  " 

A.  Matters  in  which  two  or  more  courts  have  concur- 
rent jurisdiction  can  be  brought  before  either  of  such 
courts.  If  A  gives  me  a  note  for  any  sum  less  than 
$200,  and  when  it  is  due  refuses  to  pay,  I  can  sue  him 
before  a  justice  of  the  peace,  or  in  the  county,  or  the 
circuit  court,  for  all  these  have  concurrent  jurisdiction  in 
such  a  case. 

Q.  What  are  civil  and  criminal  matters  ? 

(See  the  chapter  on  The  Town.) 

Q.  What  is  it  "  to  appeal "  a  case  ? 

A.  It  is  to  carry  it,  after  trial,  to  a  higher  court  for  a 
new  trial.  The  higher  court,  in  such  an  event,  is  said 
to  have  "appellate  jurisdiction." 

COUNTY  AND  PROBATE  JUDGES. 

Q.  What  are  the  duties  of  county  and  probate 
judges  ? 

A.  To  preside  over  the  county  and  probate  courts  in 
their  respective  counties. 


THE   COUNTY.  27 

COUNTY  CLERK. 

Q.  Who  is  county  clerk  in  your  county  ? 

Q'  What  are  some  of  the  duties  of  the  county  clerk? 

A.  To  attend  the  sessions  of  the  county  court,  and 
make  a  record,  in  books  kept  for  the  purpose,  of  what- 
ever is  done  by  the  court. 

To  keep  a  record  of  all  the  acts  of  the  county  board. 

To  keep  a  record  of  all  the  orders  for  money  drawn 
on  the  county  treasurer. 

After  every  general  election,  to  count,  with  the  aid  of 
two  justices  of  the  peace,  the  votes  as  returned  to  him 
by  the  judges  of  election  in  the  various  towns  and  pre- 
cincts of  the  county,  and  to  send  the  result  to  the  Secre- 
tary of  State. 

To  issue  marriage  licenses. 

To  compute  the  tax  of  every  person  in  the  county, 
enter  it  in  proper  books,  and  issue  these  books  to  the 
collectors. 

Q.  What  books  must  the  clerk  have  before  he  can 
compute  the  tax  ? 

A.  He  must  have  the  assessor's  books,  for  in  these  the 
value  of  each  person's  property  is  set  down. 

Q.  How  is  the  rate  per  cent,  of  taxation  determined  ? 

(See  your  Arithmetic.) 

Q.  What  is  a  general  election  ? 

A.  An  election  where  any  State  officer  is  chosen. 

SHERIFF. 

Q.  Name  the  sheriff  in  your  county  ? 

Q.  For  how  long  a  term  is  a  sheriff  elected? 

Q.  What  are  some  of  a  sheriff's  duties  ? 

A.  To  attend  all  the  sessions  of  the  county  and  circuit 
courts,  to  preserve  order  in  the  same,  and  to  execute  the 
commands  of  the  court. 


28  CRAWFORD'S  CIVIL  GOVERNMENT. 

To  serve  writs,  summonses,  subpoenas  and  other  judi 
cial  papers. 
To  prevent  disorderly  conduct  wherever  he  is,  and  to 


arrest  offenders  against  the  law. 

To  have  charge  of  the  court-house  and  jail,  to  take 
criminals  condemned  to  imprisonment  to  the  peniten- 
tiary or  house  of  correction,  and  to  hang  criminals  con- 
demned to  death. 

STATE'S  ATTORNEY. 

Q.  Name  the  State's  attorney  in  your  county  ? 

Q.  What  are  some  of  his  duties  ? 

A.  To  prosecute  criminals.  To  draw  indictments  for 
the  grand  jury. 

To  act  as  attorney  for  his  county  in  all  suits  brought 
for  or  against  it. 

To  act  as  counsel  for  all  county  officers  and  justices  of 
the  peace  in  matters  relating  to  their  duties  as  repre- 
sentatives of  the  people. 

Q.  Who  is  a  criminal  ? 

A.  One  who  has  offended  against  a  public  law. 

Q.  What  is  it  "  to  prosecute  "  a  criminal  ? 

A.  To  prosecute  a  criminal  is  to  have  him  arrested  and 
brought  into  court,  to  bring  evidence  before  the  court 
intended  to  prove  him  guilty,  and  to  ask  the  court  to 
have  him  punished,  if  guilty.  All  criminals  have  a 
right  to  be  tried  by  a  jury. 

CORONER. 

Q.  What  are  the  duties  of  a  coroner  ? 

A.  To  examine,  with  the  aid  of  a  jury,  the  body  of 
any  person  killed  by  accident  or  having  died  from  any 
mysterious  cause,  and  to  report  such  examination  to  the 
county  clerk. 


THE   COUNTY.  29 

To  arrest,  if  necessary  to  prevent  escape,  any  one 
suspected  of  killing  the  deceased. 

To  act  as  sheriff,  if  the  sheriff's  office  becomes  vacant, 
or  if  the  sheriff  is  interested  in  any  suit. 

CIRCUIT  CLERK  AND  RECORDER  OF  DEEDS. 

Q.  What  other  offices,  besides  those  of  county  and 
probate  judge,  are  sometimes  united  and  filled  by  one 
man  ? 

A.  The  offices  of  clerk  of  the  circuit  court  and  re- 
corder of  deeds. 

Q.  Where  are  these  offices  united  and  where  sep- 
arate ? 

A.  In  counties  of  less  than  60,000  inhabitants  they 
are  united.  In  counties  of  60,000,  or  more,  they  are 
separate. 

Q.  What  are  some  of  the  duties  of  clerk  of  the  cir- 
cuit court  ? 

A.  To  attend  the  sessions  of  the  circuit  court  in  his 
county,  and  make  a  record  in  books  provided  for  the 
purpose  of  all  the  proceedings  of  that  court. 

To  keep  an  account  of  the  costs  of  suits,  such  as  fees 
of  the  sheriff,  clerk,  and  witnesses. 

To  issue  process,  that  is,  to  write  down  the  orders  of 
the  court,  and  give  these  orders  to  the  sheriff  and  his 
assistants  to  execute. 

Q.  Who  pay  the  costs  of  suits  ? 

A.  Generally  the  persons  against  whom  suits  are  de- 
cided. 

Q.  What  are  the  principal  duties  of  recorders  ? 

A.  To  obtain  suitable  books,  and,  when  requested,  to 
record  in  these,  deeds,  mortgages,  and  all  other  papers 
relating  to  the  title  to  land,  and  to  record  also  chattel 
mortgages. 

o     O 


30  CRAWFORD'S  CIVIL  GOVERNMENT. 

DEEDS. 

Q.  What  is  a  deed  ? 

A.  It  is  a  writing  showing  that  a  certain  piece  of  land 
described  in  it  is  the  property  of  the  person  named  in 
the  writing  as  owner  or  grantee. 

RECORDING  DEEDS. 

Q.  What  is  "recording"  a  deed? 

A.  It  is  making  a  copy  of  it  in  one  of  the  recorder's 
books. 

Q.  What  are  deeds  recorded  for  ? 

A.  That  the  recorder's  books  may  show  who  owns  the 
land,  if  the  deeds  are  lost. 

MORTGAGES. 

Q.  What  is  a  mortgage  ? 

A.  It  is  a  writing  showing  that  a  certain  piece  of  land, 
or  other  property,  will  become  the  property  of  a  person 
named  in  the  writing  and  called  the  mortgagee,  if  the 
owner,  or  mortgagor,  of  the  land  or  other  property, 
does  not  pay  the  mortgagee  a  certain  sum  of  money 
at  a  given  time.  A  chattel  mortgage  is  a  mortgage  of 
other  property  than  land. 

TREASURER. 

Q.  For  what  term  is  the  county  treasurer  elected  ? 
(See  page  22.) 

Q.  Who  is  treasurer  in  your  county  ? 

Q.  What  are  some  of  a  treasurer's  duties  ? 

A.  To  receive  and  take  care  of  all  money  paid  for 
taxes,  and  to  pay  it  out  on  the  order  of  the  county 
board,  or  in  the  manner  specially  provided  by  law. 

To  keep  books  of  his  accounts  as  treasurer,  and  have 
them  always  open  to  the  inspection  of  the  public. 


THE   COUNTY.  31 

To  report  to  the  county  board  at  each  of  its  regular  ses- 
sions all  sums  of  money  received  and  paid  out  by  him. 

SUPERINTENDENT  OF  SCHOOLS. 

Q.  Name  the  superintendent  of  schools  in  your 
county.  When  was  he  elected  ?  When  does  his  term 
expire  ? 

Q.  What  are  some  of  his  duties  ? 

A.  To  visit  schools,  notice  the  manner  of  teaching, 
branches  taught,  text  books  used,  and  the  general  con- 
dition of  schools. 

To  instruct  teachers  in  the  best  methods  of  teaching. 

To  hold  county  teachers'  institutes. 

To  hold  examination  for  teachers'  license  at  least  once 
every  three  months. 

To  decide  disputes  on  questions  of  school  law. 

To  divide  the  money  received  from  the  State  among 
the  townships  in  proportion  to  the  children  under  twenty- 
one  years  of  age  in  each  township. 

To  examine  and  approve  the  bonds  of  township  school 
treasurers  before  issuing  money  to  them. 

To  report  to  the  State  superintendent  whatever  facts 
the  latter  needs  for  his  report  to  the  governor. 

THE  DEPARTMENTS  OF  COUNTY  GOVERNMENT. 

Q.   What  departments  has  county  government  ? 

A.  The  same  as  town  government ;  namely,  legisla- 
tive, executive  and  judicial. 

Q.  Explain  each  ? 

A.  The  county  board  is  the  legislative  or  law-making 
department.  It  adopts  measures  for  the  benefit  of  the 
whole  county,  such  as  those  for  the  erection  of  county 
buildings,  for  the  care  of  the  county's  paupers,  and  so 
forth. 


32  CRAWFORD'S  CIVIL  GOVERNMENT. 

The  county  clerk,  treasurer,  recorder,  superintendent 
of  schools,  form  the  executive  department.  They  exe- 
cute the  laws  made  by  the  county  board  (and  State 
legislature).  The  committees  of  the  county  board,  act- 
ing as  committees,  also  perform  executive  duties  ;  that 
is,  they  carry  into  effect  the  measures  or  laws  passed  by 
the  whole  board. 

The  judicial  department  consists  of  the  county  judge, 
sheriff,  State's  attorney,  coroner,  and  county  clerk  when 
he  acts  as  clerk  of  the  county  court.  It  is  the  duty  of 
these  officers  to  enforce  obedience  to  the  laws  made  by 
the  county  board  and  the  State  legislature.  The  circuit 
clerk  is  not,  strictly  speaking,  a  member  of  either  de- 
partment of  the  county  government,  although  he  is 
elected  by  the  county.  He  is  an  officer  of  the  circuit 
court,  which  will  be  described  hereafter. 

Q.  State  the  relation  of  the  three  departments  ? 

A.  The  legislative  department,  by  a  vote  of  a  majority 
of  its  members,  commands  that  certain  things  be  done. 
The  executive  officers  do  the  things  commanded,  or 
cause  them  to  be  done. 

If  these  officers  are  resisted  or  hindered  in  their  du- 
ties, the  judicial  officers  help  them  by  punishing  the 
persons  resisting  or  hindering. 

COUNTIES  NOT  UNDER  TOWNSHIP  ORGANIZATION. 

Q.  What  can  you  say  of  county  government  in  coun- 
ties not  under  township  organization  ? 

A.  The  county  board  consists  of  three  commissioners, 
elected  for  a  term  of  three  years.  They  have  nearly  all 
the  powers  of  county  supervisors,  and  have,  besides,  the 
powers  of  all  town  officers,  except  school  officers. 
They  hold  five  regular  meetings  a  year.  The  other 
officers  of  such  counties  are  the  same  as  in  counties 


THE   STATE.  33 

under  township  organization,  and  they  have  the  same 
duties  to  perform,  except  that  the  sheriff  acts  also  as 
county  collector. 

COMPENSATION— BONDS— OATH. 

Q.  How  is  the  pay  of  officers  in  both  kinds  of  coun- 
ties determined  ? 

A.  The  county  boards  fix  the  amount  of  compensa- 
tion of  each  officer. 

Q.  What  must  officers  do  before  entering  on  the  du- 
ties of  their  offices  ? 

A.  Such  officers  as  have  public  money  committed  to 
their  care  must  give  bonds  for  their  good  behavior  and 
faithfulness  in  office,  and  all  must  take  an  oath  that  they 
will  support  the  constitution  of  the  United  States  and 
the  constitution  of  Illinois,  and  will  faithfully  perform 
the  duties  of  their  offices. 


IV.     THE   STATE. 

THE  LEGISLATURE. 

Q.  In  treating  of  the  government  of  the  town  and 
of  the  county,  which  department  was  described  first? 

A.  The  legislative  or  law-making. 

Q.  Pursuing  the  same  plan  with  the  State,  what  is 
our  next  topic  ? 

A.  The  legislature  of  Illinois.  (The  legislature  is  also 
called  the  "general  assembly.") 

Q.  Describe  it,  and  explain  the  election  of  its  mem- 
bers ? 

A.  The  legislature  consists  of  two  parts,  known  as  the 
"  lower  house ?1  and  "upper  house."  Members  of  the 
C 


34  CRAWFORD'S  CIVIL  GOVERNMENT. 

lower  house  are  called  representatives.     Members  of  the 
upper  house  are  called  senators. 

ELECTION  OF  MEMBERS  OF  THE  LEGISLATURE. 

The  State  is  divided  into  fifty-one  parts  called  "sena- 
torial districts."  Each  of  these  districts  elects  one  sen- 
ator for  a  term  of  four  years,  and  three  representatives 
for  a  term  of  two  years. 

Q.  What  is  "  minority  representation  ?  " 

A.  In  voting  for  representatives,  every  voter  may 
cast  three  votes  for  one  candidate,  or  one  and  a  half  for 
each  of  two,  or  one  vote  for  each  of  three  candidates. 
It  is  called  "  minority  representation  "  because  the  party 
having  a  minority  in  a  district,  by  casting  all  their  votes 
for  one  candidate  may  sometimes  eiect  him. 

Q.  How  large  a  part  (at  least)  of  the  whole  number 
of  voters  must  the  minority  be  in  order  to  elect  one 
candidate  ? 

MEETING  OF  THE  LEGISLATURE. 

Q.  How  often  does  the  legislature  meet  ? 

A.  Once  in  two  years,  unless  called  by  the  governor 
to  meet  oftener  in  extra  session. 

Q.  When  does  its  regular  session  begin  ? 

A.  On  Wednesday  after  the  first  Monday  in  January 
following  the  election  of  representatives. 

Q.  Where  does  it  meet  ? 

A.  In  the  capitol  building,  in  Springfield. 

DUTIES  OF  LIEUTENANT-GOVERNOR  AND  SPEAKER. 

Q.  What  officers  preside  over  the  two  houses  ? 

A.  The  lieutenant-governor  presides  over  the  senate, 
an  officer  called  the  "speaker,"  elected  from  their  own 
number  by  the  representatives  at  the  beginning  of  the 
session,  presides  over  the  house  of  representatives. 


THE    STATE.  35 

Q.  What  other  important  duty  is  performed  by  the 
speaker  of  the  house  ? 

A.  He  appoints  the  committees  of  the  house. 

Q.  What  can  you  say  about  committees  of  the  legis- 
lature ? 

A.  A  committee  consists  of  three  or  more  members, 
whose  duty  it  is  to  attend  to  some  particular  subject  of 
legislation.  For  example,  the  committee  on  education 
has  charge  of  all  matters  relating  to  the  public  schools  of 
the  State,  and  it  is  the  duty  of  this  committee  to  advise 
"the  legislature  what  to  do  for  the  schools.  The  com- 
mittee's advice  to  the  legislature  is  called  its  "  report." 

Q.  What  is  the  chief  rule  for  selecting  members  of 
committees  ? 

A.  A  majority  of  each  committee  is  taken  from  the 
political  party  which  has  a  majority  in  the  house  to  which 
the  committee  belongs. 

Q.  Why  is  the  appointment  of  committees  a  very  im- 
portant duty  ? 

A.  Because  nearly  all  the  work  of  a  legislature  is 
done  by  its  committees.  Reports  of  committees  are 
nearly  always  adopted  by  the  legislature  without  mate- 
rial change. 

DUTIES  OF  THE  LEGISLATURE. 

Q.  What  are  the  duties  of  the  Avhole  legislature  ? 

A.  To  levy  such  taxes,  make  such  appropriations,  and 
enact  such  laws  as  are  necessary  for  the  welfare  of  the 
State.  To  impeach  State  officers;  that  is,  to  arraign  and 
try  them  and  deprive  them  of  office  for  misconduct  in 
office. 

Q.  What  is  an  appropriation  ? 

A.  A  sum  of  money  directed  by  the  legislature  to  be 
used  for  a  certain  purpose  ;  as,  for  the  support  of  the 


36  CRAWFORD'S  CIVIL  GOVERNMENT. 

asylum  for  the  insane,  or  the  penitentiary,  or  the  State 
normal  schools. 

Q.  What  counties  compose  the  senatorial  district  in 
which  you  live  ?  (See  page  60.) 

Who  is  senator  from  your  district  ?  Who  are  repre- 
sentatives ? 

THE  EXECUTIVE  DEPARTMENT. 

Q.  What  officers  constitute  the  executive  department 
of  Illinois  ? 

A.  Governor,  lieutenant-governor,  secretary  of  State, 
auditor,  treasurer,  superintendent  of  public  instruction, 
and  attorney-general. 

Q.  For  what  terms  are  they  elected  ? 

A.  The  treasurer  for  two  years,  the  others  for  four 
years. 

The  constitution  declares  that  the  treasurer  shall  not 
serve  two  consecutive  terms.  Why  ? 

Q.  Before  entering  on  their  duties  what  must  they  do  ? 

A.  Take  the  oath  of  office  by  swearing  to  support  the 
constitutions  of  Illinois  and  the  United  States,  and  to 
perform  faithfully  the  duties  of  their  offices.  All  other 
State  officers  take  the  same  oath. 

THE  GOVERNOR. 

Q.  What  are  the  duties  and  powers  of  the  governor  ? 

A.  To  see  that  the  laws  made  by  the  legislature  are 
executed. 

To  send  to  the  legislature,  when  it  meets,  a  message, 
giving  an  account  of  the  condition  of  the  State  and  its 
wants  ;  recommending  the  levying  of  sufficient  tax  to 
defray  the  expenses  of  the  State  government ;  and 
specifying  what  new  laws  he  thinks  ought  to  be 
enacted,  and  what  old  laws  repealed.  To  approve  bills 


THE   STATE.  37 

passed  by  the  legislature  if  he  wishes  them  to  become 
laws. 

The  governor  has  power  to  reprieve  criminals  con- 
demned to  death,  and  to  pardon  those  imprisoned  in  the 
penitentiary. 

He  is  commander-in-chief  of  the  State  militia  when  it 
is  not  in  the  service  of  the  United  States. 

He  appoints,  with  the  consent  of  the  senate,  certain 
State  officers. 

He  may  veto  a  bill  passed  by  the  legislature. 

Q.  Can  a  bill  become  a  law  if  it  is  vetoed  by  the 
governor  ? 

A.  Yes,  if  it  is  afterwards  passed  by  a  majority  of 
two-thirds  of  both  houses. 

Q.  Can  a  bill  become  a  law  in  any  other  way  without 
the  governor's  approval  ? 

A.  Yes.  If  the  governor  does  not  return  a  bill  to  the 
house  in  which  it  originated  within  ten  days  from  the 
time  when  he  received  it ;  or,  if  the  legislature  prevents 
his  returning  the  bill  by  adjourning,  and  if  he  does  not 
thereupon  file  the  bill  with  his  objections  in  the  office  of 
the  secretary  of  State  within  ten  days  after  adjournment, 
the  bill  will  become  a  law. 

Q.  What  compensation  does  the  governor  receive  ? 

A.  $6,000  per  year,  with  the  use  of  the  executive 
mansion. 

WHO  SUCCEEDS  IF  THE  GOVERNOR'S  OFFICE 
BECOMES  VACANT. 

Q.  Who  succeeds  to  the  office  of  governor  if  it  be- 
comes vacant  before  the  end  of  a  term  ? 
A.  The  lieutenant-governor. 
Q.  What  is  the  lieutenant-governors  salary? 
A.  $1,000  per  year. 


38  CRAWFORD'S  CIVIL  GOVERNMENT. 

Q.  Who  would  succeed  the  lieutenant-governor  if  he 
should  vacate  the  governor's  office  ? 

A.  The  president  pro  tern,  of  the  senate.  (The  presi- 
dent pro  tern,  is  a  member  of  the  senate  elected  to  pre- 
side in  the  absence  of  the  lieutenant-governor.) 

Q.  Who  would  succeed  the  president  of  the  senate  ? 

A.  The  speaker  of  the  house. 

SECRETARY  OF  STATE. 

Q.  What  are  the  principal  duties  of  the  secretary  of 
State  ? 

A.  To  call  the  house  of  representatives  to  order,  and 
preside  till  a  temporary  chairman  is  elected.  (The  latter 
presides  while  the  house  votes  for  speaker.) 

To  safely  keep  all  public  acts,  laws,  and  resolutions  of 
the  legislature. 

To  care  for  public  property  in  the  capital. 

To  certify  to  the  correctness  of  laws  when  they  are 
published. 

To  take  care  of  the  seal  of  State. 

To  issue  registration  blanks  to  judges  of  election  pre- 
vious to  every  general  election. 

To  issue  charters  to  corporations. 

To  have .  charge  of  the  public  standards  of  weights 
and  measures. 

To  report  biennially  to  the  governor  the  business  of 
his  office. 

Q.  What  security  must  the  secretary  give  for  the 
faithful  performance  of  his  duties  ? 

A.  He  must  give  a  bond  for  $100,000. 

Q.  What  is  his  salary  ? 

A.  $3,500  per  year. 


THE   STATE.  39 

AUDITOR. 

Q.  What  are  the  chief  duties  of  auditor? 

A.  To  examine  all  bills  presented  for  payment  out  of 
the  State  treasury,  and  to  approve  such  as  are  legal. 

To  keep  an  account  of  all  bills  due  the  State,  and  all 
sums  of  money  paid  into  the  State  treasury. 

To  ascertain  the  condition  of  all  insurance  companies 
doing  business  in  the  State  ;  learning  whether  they  have 
means  sufficient  to  keep  the  promises  that  they  have 
made  to  those  whose  lives  or  property  they  have  insured  ; 
and  if  any  have  not,  to  revoke  their  certificates,  or  to  in- 
form the  attorney-general,  who  will  then  ask  a  court  to 
have  such  companies  stopped  from  doing  any  further 
business  in  the  State. 

To  aid  the  governor  and  treasurer  in  computing  the 
rate  per  cent,  of  taxation  necessary  to  raise  the  annual 
revenue  fixed  by  the  legislature. 

To  report  biennially  to  the  governor  the  transactions 
of  his  office. 

Q.  What  security  must  the  auditor  give  ? 

A.  A  bond  for  $50,000. 

Q.  What  is  his  salary  ? 

A.  $3, 500  a  year. 

TREASURER. 

Q.  What  are  the  principal  duties  of  the  treasurer  ? 

A.  To  receive  and  safely  keep  all  money  belonging  to 
the  State. 

To  pay  out  no  money  except  on  the  order  of  the  au- 
ditor. 

To  report  monthly  to  the  auditor  all  sums  of  money 
received  and  paid  out. 

To  report  biennially  to  the  governor  all  his  official 
acts. 


40  CRAWFORD'S  CIVIL  GOVERNMENT. 

Q.  What  security  must  the  treasurer  give  for  the 
faithful  performance  of  his  duty? 

A.  A  bond  for  $500,000,  and  more,  if  the  governor 
so  requires.  His  salary  is  $3,500  per  year. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

Q.  What  are  some  of  the  duties  of  the  superintendent 
of  public  instruction  ? 

A.  To  consult  with  leading  teachers  on  methods  of 
instruction.  To  advise  and  instruct  county  superintend- 
ents in  respect  to  their  duties.  To  give  opinions  on 
school  laws  when  properly  requested.  To  pay  promptly 
to  the  proper  officers  all  money  coming  into  his  hands  as 
superintendent.  To  stop  the  payment  of  money  to  offi- 
cers or  teachers  who  refuse  to  conform  to  the  require- 
ments of  law.  To  report  biennially  to  the  governor, 
stating  what  has  been  done  for  the  benefit  of  the  schools 
of  the  State,  in  what  ways  their  condition  may  be 
improved,  and  what  changes  should  be  made  in  the 
school  laws.  The  superintendent  must  give  a  bond  for 
$25,000.  His  salary  is  $3,500  per  year. 

ATTORNEY-GENERAL. 

Q.  What  are  some  of  the  duties  of  the  attorney-gen- 
eral? 

A.  To  act  as  attorney  for  the  people  or  the  State  in 
suits  before  the  supreme  court.  To  act  as  attorney  for 
the  State  officers  in  suits  relating  to  their  official  duties. 
To  advise  State  officers  on  questions  of  State  constitu- 
tional law,  when  such  law  relates  to  their  duties.  To 
advise  the  legislature  concerning  constitutional  ques- 
tions when  requested.  To  see  that  sums  of  money  in- 
tended for  Slate  institutions  are  used  as  intended.  The 
attorney-general's  bond  is  for  $10,000.  His  salary  is 
$3,500  a  year. 


THE    STATE.  41 

RETURNING    BOARD. 

Q.  Who  constitute  the  State  returning  board  ? 

A.  The  secretary  of  State,  auditor,  treasurer,  and 
attorney-general. 

Q.  What  is  the  duty  of  the  returning  board  ? 

A.  After  every  general  election,  to  count  the  votes 
returned  to  them  by  the  county  clerks. 

STATE  BOARD  OP  EQUALIZATION. 

The  State  board  of  equalization  consists  of  one  mem- 
ber from  each  congressional  district  in  the  State.  The 
term  is  four  years.  The  board  meets  on  the  second 
Tuesday  in  August,  annually,  at  Springfield,  to  equalize 
assessments  in  the  various  counties  of  the  State.  Its 
members  receive  $5.00  per  day  for  time  actually  spent 
about  their  duties,  and  10  cents  per  mile  of  necessary 
travel  in  going  to  and  returning  from  the  capital.  * 

APPOINTED  OFFICERS. 

OFFICERS  APPOINTED  BY  GOVERNOR  WITH  CONSENT 
OF  SENATE. 

Q.  What  State  officers  are  appointed  by  the  governor 
with  the  consent  of  the  senate  ? 

A.  Three  canal  commissioners,  five  commissioners  of 
public  charities,  three  penitentiary  commissioners  for 
each  penitentiary,  nineteen  justices  of  the  peace  for  the 
city  of  Chicago,  the  seven  members  composing  the  State 
board  of  health,  chief  grain  inspectors,  three  railway 
and  warehouse  commissioners,  three  trustees  for  each  of 
the  State  charitable  institutions,  and  three  for  the  State 
reform  school,  one  person  at  the  stock  yards  near  Chi- 
cago, and  one  at  those  in  East  St.  Louis,  to  prevent 
cruelty  to  animals,  and  one  public  administrator  in  each 
county. 

OFFICERS  APPOINTED  BY  GOVERNOR  ALONE. 

Q.  What  other  officers  are  appointed  by  the  governor  ? 
2* 

State  Board  of  Agriculture,  see  page  105. 


4:2  CRAWFORD'S  CIVIL  GOVERNMENT. 

A.  Commissioners  of  deeds,  notaries  public,  printer 
expert,  adjutant  general,  and  all  commissioned  officers 
of  the  State  militia. 

DUTIES  OF  OFFICERS  APPOINTED  BY  GOVERNOR 
WITH  CONSENT  OF  SENATE. 

Q.  State  the  duties,  terms  of  office,  and  pay  of  each 
of  the  above  officers. 

A.  The  canal  commissioners  have  charge  of  the 
Illinois  and  Michigan  canal,  and  of  the  locks,  dams  and 
improvements  in  navigation  of  the  Illinois  and  Little 
Wabash  rivers.  Their  term  is  two  years.  Their  pay  is 
$5  per  day  for  the  time  actually  employed.  They  must 
each,  except  the  treasurer  of  the  board,  give  bonds  for 
$25,000.  The  commissioner  who  acts  as  treasurer  must 
give  bonds  for  $50,000. 

It  is  the  duty  of  commissioners  of  public  charities  to 
visit,  at  least  twice  a  year,  the  State  asylums  for  the 
deaf  and  dumb,  the  blind,  the  insane,  and  the  school 
for  feeble-minded  children,  the  soldier's  orphans1  home, 
and  the  State  reform  school,  and  to  see  that  these  institu- 
tions are  properly  conducted.  Their  term  is  five  years. 
They  receive  no  pay,  but  their  expenses  are  repaid  to  them 
by  the  State. 

The  Chicago  justices  of  the  peace  perform  the  same 
duties  as  other  justices,  and  derive  their  pay  from  fees 
regulated  by  law.  They  hold  office  for  a  term  of  four 
years. 

The  penitentiary  commissioners  have  power  to  appoint 
a  warden  for  the  penitentiary  at  a  salary  of  $2,500,  a 
deputy  warden  at  $1,800,  a  chaplain  at  $1,500,  a  physi- 
cian  at  $1,500  per  year,  and,  with  the  advice  of  the 
warden,  such  other  officers  as  may  be  necessary,  at 
salaries  fixed  by  the  commissioners. 


THE    STATE.  43 

It  is  the  duty  of  the  commissioners  to  care  for  the 
penitentiary,  and  to  this  end  to  meet  at  the  penitentiary 
once  every  month,  and  to  receive  reports  from  the 
warden  and  other  officers.  They  are  required  to  report 
biennially  to  the  governor. 

Their  term  is  six  years.  They  must  give  bonds  for 
$25,000.  Their  salary  is  $1,500  per  year. 

One  of  the  most  important  duties  of  the  State  board 
of  health  is  to  prevent  the  introduction  of  contagious 
diseases  into  the  State.  The  members  receive  no  pay, 
except  for  expenses.  They  may  appoint  a  secretary  at 
a  salary  fixed  by  themselves,  but  his  salary  and  their 
expenses  together  must  not  exceed  $5, 000  per  year.  Their 
term  is  seven  years. 

It  is  the  duty  of  the  railway  and  warehouse  commis- 
sioners to  examine  the  condition  and  management  of  all 
railways  and  warehouses  in  the  State,  and  all  matters 
relating  to  railways  and  warehouses  as  far  as  they  affect 
the  welfare  of  the  people  ;  and  to  report  annually  to 
the  governor,  informing  him  whether  warehouses  and 
railways  are  observing  the  laws  of  the  State  made  for 
their  regulation.  The  commissioners  must  give  bonds 
for  $20,000.  Their  salary  is  $3,500.  Their  term  is 
two  years.  They  can  appoint  a  secretary  at  a  salary  of 
$1,500  per  year. 

Chief  grain  inspectors  have  charge  of  the  inspection 
of  grain  in  warehouses,  obey  the  instructions  of  the 
railway  commissioners,  and  receive  salaries  fixed  by 
them.  Their  term  is  two  years.* 

Tfie  trustees  of  the  State  charitable  and  correctional 
institutions  have  power,  and  it  is  their  duty  to  appoint, 
a  superintendent  for  each  institution,  and  to  make  rules 
for  the  government  of  the  same.  They  receive  no  pay 
except  for  their  expenses.  Their  term  is  six  years. 

*  State  Welgh-master,  see  page  105. 


44  CRAWFORD'S  CIVIL  GOVERNMENT. 

The  duty  of  the  officers  appointed  to  prevent  cruelty  to 
animals  has  been  stated  above.  They  hold  office  two 
years,  and  receive  $1,200  a  year. 

One  public  administrator  is  appointed  in  each  county, 
whose  duty  it  is  to  settle  the  estate  of  any  person  who 
dies  in  the  county  and  leaves  property,  but  no  heirs  or 
creditors. 

DUTIES  OF  OFFICERS  APPOINTED  BY  GOVERNOR 
ALONE. 

Notaries  public  have  authority  to  administer  oaths, 
take  acknowledgment  of  legal  instruments,  such  as 
deeds  and  mortgages,  and  to  do  some  other  acts,  such  as 
writing  down  the  evidence  of  witnesses,  called  "taking 
depositions."  These  depositions  have  the  same  effect 
when  read  in  court  as  evidence  taken  in  court. 

Commissioners  of  deeds  are  officers  appointed  by  the 
governor  of  this  State,  but  residing  in  other  States 
They  have  authority  to  do  about  the  same  acts  as  are 
done  by  notaries  public,  which  acts  are  of  binding  force 
in  Illinois,  though  done  in  other  States.  All  the  above 
officers  are  paid  in  fees  fixed  by  law. 

The  printer  expert  is  a  man  of  at  least  six  years'  ex- 
perience as  a  practical  printer,  whose  duty  it  is  to 
examine  the  State  contracts  for  printing,  to  see  that  the 
State  is  not  cheated.  His  pay  is  $6  per  day  for  the  time 
actually  spent  about  his  duties. 

The  adjutant-general  is  the  officer  through  whom  the 
governor,  as  commander-in-chief  of  the  State  militia, 
issues  his  orders  to  the  militia.  The  adjutant-general 
receives  $1,500  per  year. 

Q.  What  is  the  acknowledgment  of  a  deed  ? 

A.  It  is  the  act  of  the  person  who  signed  the  deed,  in 


THE   STATE.  45 

going  before  a  notary  public  or  other  officer  and  declar- 
ing that  he  signed  the  deed. 

STATE  MILITIA. 

Q.  What  is  the  State  militia  ? 

A.  All  able-bodied  men  between  eighteen  and  forty- 
five  years  of  age  are  liable  to  be  called  upon  to  serve  as 
soldiers.  These  constitute  the  State  militia.  This  term 
is  usually  applied  only  to  those  who  voluntarily  form 
themselves  into  companies  and  regiments  and  receive 
arms  from  the  State. 

JUDICIAL  DEPARTMENT. 
CIRCUIT  COURTS. 

Q.  What  is  the  judicial  department  of  a  State? 

A.  The  judicial  department  of  a  State  consists  of 
those  officers  whose  duty  it  is  to  explain  and  apply  the 
laws  of  the  State. 

Q.  Have  we  learned  that  the  subdivisions  of  the  State 
have  judicial  departments  ? 

A.  Yes.  Towns  and  precincts  have  justices  of  the 
peace  and  constables.  Counties  have  county  judges, 
clerks,  sheriffs,  and  State's  attorneys. 

Q.  What  court  is  next  above  the  county  court  ? 

A.  The  circuit  court. 

Q  What  can  you  say  about  the  circuit  courts  of  Il- 
linois? 

A.  The  counties  of  the  State,  Cook  county  being  ex- 
cepted,  are  arranged  by  the  legislature  in  thirteen  divi- 
sions, called  circuits.  Cook  county  alone  constitutes  a 

circuit. 

CIRCUIT  COURT  OFFICERS. 

In  each  circuit,  three  judges  are  elected  once  in  six 
years.  Two  of  these  act  as  circuit  judges.  The  third 


4:6  CRAWFORD'S  CIVIL  GOVERNMENT. 

acts  as  one  of  the  judges  of  the  appellate  courts.  Court 
is  held  at  least  one  term  in  a  year  in  each  county  of  the 
circuit. 

Q.  Who  are  the  other  officers  of  the  circuit  courts  ? 

A.  The  sheriffs  and  circuit  clerks  and  their  assistants, 
and  masters-in-chancery  in  their  respective  counties. 

Q.  Who  else  assist  the  judge  in  the  performance  of 
his  duties  ? 

A.  The  petit  and  grand  juries. 

Q.  What  jurisdiction  have  circuit  courts  ? 

A.  They  have  original  jurisdiction  in  all  criminal 
offenses  against  the  laws  of  Illinois,  and  in  all  civil  dis- 
putes between  citizens  of  the  State. 

They  have  appellate  jurisdiction  in  cases  tried  before 
justices  of  the  peace  and  the  county  court. 

Q.  WTiat  are   criminal  offenses  and  civil   disputes  ? 

(See  page  18.) 

APPELLATE  COURTS. 

Q.  What  are  the  courts  next  above  the  circuit  courts  ? 

A.  The  appellate  courts. 

Q.  Describe  these  ? 

A.  The  State  is  divided  into  four  appellate  court  dis- 
tricts. Each  district  has  three  judges.  These  are 
appointed  by  the  supreme  court  from  the  judges  elected 
in  the  circuits. 

Each  district  has  a  clerk,  elected  for  a  term  of  six 
years. 

The  sheriff  of  the  county  in  which  the  court  is  held 
must  attend  the  sessions  of  the  court  or  appoint  a  de- 
puty to  do  so. 

Q.  What  kinds  of  cases  can  be  taken  to  the  appellate 
courts  ? 

A.  Nearly  all  kinds  of  cases,  except  criminal  cases, 
may  be  appealed  from  the  county  and  circuit  courts  to 


THE   STATE.  47 

the  appellate  courts.  Criminal  and  a  few  other  cases 
must  be  appealed  directly  to  the  supreme  court. 

Q.  What  about  the  decisions  of  appellate  courts  ? 

A.  In  all  cases  where  less  than  $1,000  is  in  dispute 
their  decisions  are  final.  If  the  sum  in  dispute  is  $1,000 
or  more,  an  appeal  may  be  taken  from  the  appellate  .to 
the  supreme  court. 

THE  SUPREME  COURT. 

Q.  What  can  you  say  of  the  supreme  court  ? 

A.  The  State  is  divided  into  three  grand  divisions  for 
the  purpose  of  holding  terms  of  the  supreme  court. 
The  court  consists  of  seven  judges,  elected  for  a  term  of 
nine  years.  The  State  is  divided  into  seven  districts  for 
the  election  of  these  judges,  each  district  electing  one. 
Each  of  the  three  grand  divisions  elects  a  clerk  for  a 
term  of  six  years. 

Q.  What  jurisdiction  has  the  supreme  court  ? 

A.  It  has'original  jurisdiction  in  cases  relating  to  the 
revenues  of  the  State  and  in  respect  to  two  or  three 
other  matters,  and  appellate  jurisdiction  in  civil  cases  in- 
volving $1,000  or  more,  and  in  criminal  cases.  Its 
decisions  are  final,  except  in  cases  of  conflict  between 
Illinois  law  and  United  States  law.  In  such  cases,  ap- 
peal can  be  taken  to  the  supreme  court  of  the  United 
States. 

PAY  OF  OFFICERS  OF  THE  JUDICIAL  DEPARTMENT. 

Q.  What  are  the  salaries  of  the  officers  of  the  above 
courts  ? 

A.  Circuit  judges  receive  $3,500  per  year,  except  in 
Cook  county,  where  they  receive  $7,000.  Circuit  clerks 
receive  salaries  fixed  by  the  county  boards.  Appellate 
judges  receive  the  same  pay  as  circuit  judges.  Judges 


4:8  CRAWFORD'S  CIVIL  GOVERNMENT. 

of  the  supreme  court  receive  $5,000  per  year.  Appel- 
late and  supreme  court  clerks  and  masters-in-chancery 
receive  their  pay  in  fees  regulated  by  law. 

All  these  officers  must  take  the  usual  official  oath,  and 
the  clerks  must  give  bonds. 


V.     CITIES. 

THEIR   GOVERNMENT. 

Q.  What  other  political  units  are  there  in  Illinois  be- 
sides towns,  townships,  and  counties  ? 

A.  Cities  and  villages. 

Q.  How  many  kinds  of  cities  are  there  ? 

A.  Two. 

Q.  State  the  difference  between  them  ? 

A.  One  is  organized  and  governed  according  to  a 
general  law  made  by  the  legislature  for  the  benefit  of 
such  cities  as  may  vote  to  organize  under  it. 

The  other  is  organized  and  governed  in  accordance 
with  a  special  charter  granted  to  it  by  the  legislature. 

Q.  What  is  a  charter  ? 

A.  It  is  a  grant  of  certain  privileges,  and  is,  besides, 
intended  for  the  government  of  the  corporation  to  which 
these  privileges  are  given. 

OFFICERS  AND  THEIR  DUTIES. 

Q.  Describe  the  government  of  the  first  kind  of  cities  ? 

A.  Its  legislative  department  consists  of  a  body  called 
the  common  council.  The  city  is  divided  into  a  certain 
number  of  parts  called  "  wards."  Each  of  these  elects 
two  members  of  the  council  for  a  term  of  two  years. 

The  chief  executive  officer  is  a  mayw,  elected  for  a 
term  of  two  years. 


CITIES.  49 

Other  officers  elected  by  the  people  are  clerk,  attorney, 
treasurer,  police  magistrate,  and  sometimes  city  judge. 

Besides  these,  the  council  may  provide  for  the  election 
by  the  people,  or  the  appointment  by  the  mayor,  with 
the  consent  of  the  council,  of  a  collector,  marshal, 
or  superintendent  of  police,  superintendent  of  streets, 
corporation  counsel,  and  such  other  officers  as  the  coun- 
cil may  deem  necessary. 

Q.  What  are  the  council's  duties  ? 

A.  To  enact  such  ordinances  and  levy  such  taxes  as 
are  necessary  for  the  city's  welfare. 

To  approve  or  reject  the  mayor's  appointments  of  city 
officers. 

To  take  some  action  on  the  mayor's  suggestions 

To  receive  petitions  of  citizens. 

Q.  What  is  an  ordinance  ? 

A.  A  law  passed  by  a  city  council. 

Q.  What  are  the  mayor's  duties  ? 

A.  To  preside  at  the  meetings  of  the  council. 

To  see  that  the  measures  passed  by  the  council  are 
executed. 

To  appoint,  with  the  council's  consent,  certain  officers. 

He  may  veto  measures  passed  by  the  council,  but  if 
the  council  afterward  pass  the  same  by  a  two-thirds 
majority,  they  become  laws. 

Q.  State  the  principal  duties  of  the  other  city  officers. 

A.  The  clerk  keeps  a  record  of  the  acts  of  the  coun- 
cil. 

The  marshal  has  command  of  the  policemen,  and  with 
them  preserves  public  order,  by  arresting  and  putting  in 
jail  all  disorderly  persons. 

The  nqperintendent  of  streets  keeps  the  streets  and 
sidewalks  in  repair. 

The  comptroller  prevents  the  city  from  being  robbed 
D  3 


50  CRAWFORD'S  CIVIL  GOVERNMENT. 

by  its  officers,  by  examining  the  accounts  of  all  officers 
who  collect,  pay  out,  or  receive  any  of  the  city's  money. 

The  corporation  counsel  is  the  chief  officer  of  the  law 
department  of  the  city. 

The  police  magistrates  duties  are  the  same  as  those 
of  a  justice  of  the  peace  (See  page  18.) 

The  attorney,  treasurer  and  collector  perform  about 
the  same  duties  for  the  city  as  the  corresponding  officers 
do  for  the  county. 

Q.  What  can  you  say  about  the  pay  of  city  officers  ? 

A.  It  is  fixed  by  the  council. 

Q.  What  can  you  say  of  the  government  of  cities 
under  special  charters  ? 

A.  As  each  has  its  own  charter,  no  two  such  cities 
are  governed  exactly  alike,  but  all  are  more  or  less  simi- 
lar in  their  government  to  cities  organized  under  the 
general  law. 


VI.     VILLAGES. 

Q.  What  can  you  say  of  the  government  of  villages  ? 

A.  Under  a  general  law  of  the  State,  villages  as  well 
as  cities  may  organize  and  have  a  government  separate 
from  that  of  the  township  in  which  they  are  located. 

Such  village  government  consists  of  a  board  of  six 
trustees,  three  of  whom  are  elected  annually,  and  such 
officers  as  the  trustees  see  fit  to  appoint. 

The  trustees  choose  one  of  their  own  number  presi- 
dent of  the  board. 

The  president  and  board  have  about  the  same  powers 
and  duties  as  mayor  and  council  have  in  cities. 


GOVERNMENT  OF   THE   UNITED   STATES.  51 


VII.     GOVERNMENT   OF    THE   UNITED 
STATES. 

CONGRESS. 

Q.  What  is  the  legislature  or  law-making  body  of  the 
United  States  called  ? 

A.  It  is  called  Congress. 

Q.  Tell  about  its  meetings  ? 

A.  It  holds  one  regular  session  a  year,  and  extra  ses- 
sions when  called  by  the  president.  It  meets  in  regular 
session,  in  Washington,  on  the  first  Monday  in  Decem- 
ber. 

Q.  Describe  Congress,  and  tell  how  its  members  are 
chosen  ? 

A.  It  consists  of  two  houses,  the  senate  and  the  house 
of  representatives. 

Each  State  is  entitled  to  two  senators.  Senators  are 
elected  by  the  State  legislatures  for  a  term  of  six  years. 

The  number  of  representatives  that  a  State  is  entitled 
to  depends  on  its  population. 

Once  in  ten  years,  that  is,  after  each  census,  congress 
fixes  the  total  number  of  members  that  the  house  of 
representatives  shall  have  during  the  next  ten  years. 
Let  the  whole  population  of  the  United  States  be  a  divi- 
dend, and  the  number  of  representatives  a  divisor  ;  the 
quotient  will  be  the  number  of  persons  entitled  to  one 
representative. 

Divide  the  population  of  a  State  by  this  quotient  and 
the  number  of  representatives  the  State  is  entitled  to 
will  be  obtained. 


52  CRAWFORD'S  CIVIL  GOVERNMENT. 

7  The  legislature  divides  the  State  into  districts  equal  in 
number  to  the  representatives  the  State  is  entitled  to. 
One  representative  is  elected  from  each  district  every 
two  years. 

Q.  Who  presides  over  the  senate  ? 

A.  The  vice-president. 

Q.  How  does  the  house  ot  representatives  organize 
for  business? 

A.  By  the  election  of  a  speaker,  whose  business  it  is 
to  preside  and  appoint  the  house  committees. 

Q.  What  are  the  powers  and  duties  of  congress  ? 

(See  U.  S.  Constitution,  Article  I.,  Section  8.) 

Q.  What  is  the  salary  ot    senators  and    representa- 
tives ? 

A.  $5,000  per  year. 

Q.  Who  are  the  present  senators  from  Illinois? 

In  what  congressional    district  do  you   live  ?     (See 
page  58.) 

What  counties  comprise  your  district  ? 

Who  is  its  present  representative  in  congress  ? 

When  was  he  elected  ? 

Who  were  the  opposing  candidates  ? 

Who  is  the  present  speaker  of  the  house  or  representa- 
tives ? 

How  many  congressional  districts  are  there  in  Illinois  ? 
(See  page  59.) 

Of  how  many  members  does  the  house  of  representa- 
tives now  consist  ? 

A.  325. 

Q.  Do  territories  have  any  representatives  in   con 
gress  ? 

A.  Each  territory  is  entitled  to  one  delegate  in  the 


GOVERNMENT  OF   THE   UNfTBa?   rfTATES.  53 

house,  who  has  the  right  to  speak  on  questions  relating 
to  his  territory,  but  can  not  vote  on  any  question. 


EXECUTIVE  DEPARTMENT. 

Q.  Who  constitute  the  executive  department  of  the 
government  of  the  United  States  ? 

A.  The  president,  vice-president  and  cabinet  officers. 

Q.  How  are  the  first  two  elected  ? 

(See  Article  II.,  Section  1,  and  the  12th  Amendment 
to  the  U.  S.  Constitution.) 

Q.  What  are  their  salaries  ? 

A.  President,  $50,000;  vice-president,  $8,000  per 
year. 

Q.  Name  the  cabinet  officers  ? 

A.  Secretary  of  State,  secretary  of  the  treasury,  sec- 
retary of  war,  secretary  of  the  navy,  secretary  of  the 
interior,  postmaster-general,  and  attorney-general. 

Q.   What  general  duties  do  cabinet  officers  perform  ? 

A.  They  advise  the  president,  and  assist  him  in 
executing  the  laws  made  by  congress. 

Q.  What  are  the  president's  duties  ? 

(See  U.  S.  Constitution,  Article  II.,  Sections  2  and  3.) 

Q.  What  are  the  special  duties  of  the  secretary  of 
State  ? 

A.  To  look  after  the  relations  of  the  United  States 
with  foreign  countries,  and  to  have  charge  of  the  public 
archives. 

Q.  What  "are  the  principal  duties  of  the  secretary  of 
the  interior? 

A.  To  attend  to  the  relations  of  Indian  tribes  to  the 
government,  to  superintend  public  lands,  to  issue  pa- 
tents. 


54  CRAWFORD'S  CIVIL  GOVERNMENT. 

Q.  What  are  the  special  duties  of  the  other  cabinet 
officers?  (Their  names  indicate  their  duties.) 

Q.  What  is  the  salary  of  a  cabinet  officer  ? 

A.  $8,000  per  year. 

Q.  Name  the  present  president,  vice-president,  and 
cabinet  officers  ? 

When  were  the  first  two  elected  ? 

Who  were  the  opposing  candidates  ? 

Q.  Whom  do  we  mean  when  we  speak  of  the  "  admin- 
istration ? " 

A.  The  president  and  his  cabinet. 

Q.  Is  it  necessary  to  have  the  names  of  candidates  for 
president  and  vice-president  printed  on  a  presidential 
ticket  ? 

(See  12th  Amendment  of  U.  S.  Constitution.) 

Could  the  electors  be  chosen  in  any  other  way  than  by 
a  direct  vote  of  the  people  ? 

Who  succeeds  to  the  presidency  if  it  becomes  vacant  ? 

(See  Article  II.,  Section  1  of  U.  S.  Constitution.) 

The  president  pro  tern,  of  the  senate  would  succeed 
the  vice-president,  and  the  speaker  of  the  house  woul<J 
succeed  the  president  of  the  senate  in  the  presidential 

office. 

JUDICIAL  DEPARTMENT. 

Q.  Describe  the  judicial  department  of  the  United 
States  ? 

A.  It  consists  of  one  supreme  court,  nine  circuit  courts, 
and  sixty-five  district  courts.  The  supreme  court  has 
one  chief  justice  and  eight  associate  justices.  The  cir- 
cuit courts  have  each  one  judge.  There  are  fifty-three 
district  judges.  The  district  courts  have,  besides  judges, 
district  attorneys,  marshals  (who  have  substantially  the 
same  duties  as  sheriffs),  clerks,  and  assistants  of 
each.  All  the  judges  are  appointed  by  the  president, 


GOVERNMENT   OF   THE   UNITED   STATES.  55 

with  the  consent  of  the  senate,  and  hold  office  during 
life  or  good  behavior. 

Q.  What  salaries  do  United  States  judges  receive  ? 

A.  The  chief  justice  receives  a  salary  of  $10,500,  the 
associates,  $10,000  ;  the  circuit  judges,  $6,000  ;  and  the 
district  judges  $3,500  to  $4,500. 

Q.  What  jurisdiction  has  the  supreme  court  ? 

(See  Constitution,  Article  III.,  Section  2,  Paragraph  2.) 

Q.  What  are  the  principal  duties  of  circuit  and  dis- 
trict courts  ? 

A.  To  try  offenders  against  the  laws  made  by  con- 
gress, and  to  hear  suits  between  citizens  of  different 
States. 

Q.  Who  is  the  present  chief  justice  ? 

Who  is  the  circuit  judge  in  your  circuit? 

Who  is  the  district  judge  in  your  district? 

THE  ARMY  AND  NAVY. 

Q.  What  can  you  say  of  the  officers  of  the  army  and 
navy  ? 

A.  They  are  nearly  all  educated  for  their  duties  at  the 
expense  of  the  government  in  the  military  and  naval 
academies  at  West  Point  and  Annapolis.  They  are 
commissioned,  that  is,  appointed  to  their  places,  by  the 

president. 

THE  CIVIL  SERVICE. 

Q.  What  is  the  civil  service  of  the  United  States  ? 

A.  The  "civil  service,"  comprises  all  officers  of  the 
national  government,  who  are  appointed  by  the  presi- 
dent or  his  subordinates,  except  the  officers  of  the  army 
and  the  navy. 

Q.  Name  some  of  the  officers  of  the  civil  service,  and 
give  their  duties? 

A.  Ministers.     It  is  the  duty  of  a  minister  to  reside 


56  CRAWFORD'S  CIVIL  GOVERNMENT. 

at  the  capital  of  the  country  to  which  he  is  sent,  to 
protect  citizens  of  his  own  country  when  abroad,  and 
to  see  if  possible  that  the  country  in  which  he  resides  as 
minister,  and  his  own,  maintain  friendship  for  each  other. 

Consuls.  Their  principal  duties  are  to  look  after  the 
foreign  trade  of  their  own  country,  and  to  settle  dis- 
putes between  the  citizens  of  their  own  country,  when 
the  latter  are  abroad. 

Internal  revenue  officers.  It  is  their  chief  duty  to 
collect  the  tax  on  liquors  and  tobacco. 

Custom-house  officers.  They  collect  the  tax  laid  oh 
foreign  goods  brought  into  the  United  States. 

Postmasters,  mail  carriers  and  lighthouse-keepers  are 
also  members  of  the  civil  service. 

Q.  Who  is  the  present  American  minister  to  England  ? 

Who  is  the  English  minister  in  Washington  ? 

Who  is  collector  of  customs  at  the  port  of  Chicago  ? 

Who  is  the  internal  revenue  collector  in  your  district  ? 

Who  is  postmaster  at  your  post  office  ? 

Do  you  know  any  other  members  of  the  civil  service  ? 

Q.  Do  you  know  the  meaning  of  the  expression, 
"  Civil  Service  Reform  ?" 


VIII.     MISCELLANEOUS. 

NATIONAL  POLITICAL  CONVENTION. 

Q.  Tell  how  candidates  are  put  in  nomination  by  a 
political  party  for  the  offices  of  president  and  vice- 
president  ? 

A.  The  national  committee,  consisting  of  at  least  one 


MISCELLANEOUS.  57 

member  from  each  State  in  the  Union,  publishes  a  call, 
announcing  that  on  a  certain  day  and  in  a  certain  city, 
there  will  be  held  a  national  convention  of  delegates 
from  all  the  States  (and  sometimes  the  territories)  to 
nominate  candidates  and  adopt  a  platform. 

Each  State  committee  then  publishes  a  call  for  a  State 
convention  to  appoint  as  many  delegates  to  the  national 
convention  as  the  State  may  be  entitled  to. 

The  county  committees  in  each  State  then  issue  calls 
for  county  conventions  to  appoint  delegates  to  the  State 
convention. 

Lastly,  the  township  committees  appoint  days  for 
"primary  meetings"  or  "caucuses"  to  elect  delegates 
to  the  county  conventions. 

The  township,  county,  and  State  conventions  having 
been  held,  the  national  convention  follows  at  the  ap- 
pointed time  and  place.  When  it  meets,  it  is  called  to 
order  by  the  chairman  of  the  national  committee,  who 
nominates  a  temporary  chairman  of  the  convention. 
The  convention  usually  accepts  the  chairman  so  nomi- 
nated. 

Committees  on  credentials,  on  permanent  organization, 
on  rules,  and  on  platform,  are  then  appointed.  Each  of 
these  committees  is  composed  of  one  member  from  each 
State  and  territory.  The  members  are  appointed  by 
their  respective  delegations. 

The  committee  on  credentials  hears  and  determines 
the  claims  of  delegates  to  seats  as  members  of  the  con- 
vention 

The  committee  on  permanent  organization  nominates 
a  permanent  chairman  and  other  permanent  officers  of 
the  convention.  The  committee  on  rules  reports  rules 
for  the  government  of  the  convention. 

The  committee  on  platform  prepares  and  reports  to 


58  CRAWFORD'S  CIVIL  GOVERNMENT. 

the  convention  a  platform.  A  platform  consists  of  cer- 
tain principles  which  the  party  through  its  convention 
professes  to  believe,  and  certain  promises  which  the 
party  agrees  to  perform  if  its  candidates  are  elected. 

After  the  convention  has  chosen  its  permanent  chair- 
man, and  heard  and  acted  on  the  reports  of  its  commit- 
tees, it  proceeds  to  vote  by  ballot  for  candidates  for 
president  and  vice-president. 

After  the  candidates  are  nominated,  the  convention 
appoints  a  new  national  committee,  and  then  adjourns. 

(Probably  no  two  conventions  proceed  in  exactly  the 
same  way,  but  it  is  believed  that  the  above  description 
corresponds  closely  to  the  general  course  pursued  by 
national,  and  also  by  State  conventions.) 

THE  CONGRESSIONAL  DISTRICTS  OF  ILLINOIS. 

First— The  first,  second,  third  and  fourth  wards  in 
Chicago,  and  the  towns  of  Riverside,  Hyde  Park,  Lake, 
Lyons,  Calumet,  Worth,  Palos,  Lemont,  Thornton,  Bre- 
men, Orland,  Bloom,  and  Rich,  in  Cook  county. 

Second — The  fifth,  sixth  and  seventh  wards  of  Chi- 
cago, and  that  part  of  the  eighth  ward  which  lies  south 
of  the  center  of  Polk  street  and  of  Macalister  place. 

Third — The  ninth,  tenth,  eleventh,  twelfth,  thirteenth 
and  fourteenth  wards  of  Chicago,  and  that  part  of  the 
eighth  ward  which  lies  north  of  the  center  of  Polk 
street  and  of  Macalister  place. 

Fourth — The  fifteenth,  sixteenth,  seventeenth  and 
eighteenth  wards  of  Chicago,  and  the  towns  of  Lake 
View,  Jefferson,  Leyden,  Norwood  Park,  Evanston, 
Niles,  Maine,  Elk  Grove,  Schaumberg,  Hanover,  New 
Trier,  IS  ortb  field,  Wheeling,  Palatine,  Barrington. 
Cicero,  and  Proviso,  in  Cook  county. 


MISCELLANEOUS.  59 

Fifth — Lake,  McHenry,  Boone,  De  Kalb  and  Kane 
counties. 

Sixth — Winnebago,  Stephenson,  Jo  Daviess,  Ogle, 
and  Carroll. 

Seventh — Lee,  Whiteside,  Henry,  Bureau  and  Put- 
nam. 

Eighth— La  Salle,  Kendall,  Grundy,  Will  and  Du 
Page. 

Ninth — Kankakee,  Iroquois,  Ford,  Livingston,  Wood- 
ford,  and  Marshall. 

Tenth — Peoria,  Knox,  Stark  and  Fulton. 

Eleventh — Rock  Island,  Mercer,  Henderson,  Warren, 
Hancock,  McDonough  and  Schuyler. 

Twelfth — Cass,  Brown,  Adams,  Pike,  Scott,  Greene, 
Jersey  and  Calhoun. 

Thirteenth — Tazewell,  Mason,  Menard,  Sangamon, 
Morgan  and  Christian. 

Fourteenth  —  McLean,  DeWitt,  Piatt,  Macon  and 
Logan. 

Fifteenth — Coles,  Edgar,  Douglass,  Vermilion  and 
Champaign. 

Sixteenth — Cumberland,  Clark,  Jasper,  Crawford, 
Clay,  Richland,  Lawrence,  Wayne,  Edwards  and  Wa- 
bash. 

Seventeenth — Macoupin,  Montgomery,  Shelby,  Moul- 
trie,  Effingham  and  Fayette. 

Eighteenth — Bond,  Madison,  St.  Clair,  Monroe  and 
Washington. 

Nineteenth — Marion,  Clinton,  Jefferson,  Franklin, 
Hamilton,  White,  Saline,  Gallatin  and  Hardin. 

Twentieth — Perry,  Randolph,  Jackson,  Williamson, 
Union,  Johnson,  Pope,  Alexander,  Pulaski  and  Massac. 


60  CRAWFORD'S  CIVIL  GOVERNMENT. 

SENATORIAL  DISTRICTS. 

First — The  ninth  and  tenth  wards  of  Chicago,  and 
that  part  of  the  eleventh  ward  north  of  the  center  line 
of  Van  Buren  street. 

Second — That  part  of  the  fourth  ward  of  Chicago 
south  of  the  center  line  of  Twenty-ninth  street,  and  the 
towns  of  Hyde  Park  and  Lake,  in  Cook  county. 

Third — The  first,  second  and  third  wards  of  Chicago, 
and  that  part  of  the  fourth  ward  north  of  the  center  line 
of  Twenty-ninth  street. 

Fourth — That  part  of  the  eighth  ward  north  of  the 
center  line  of  Taylor  street,  and  that  part  of  the  eleventh 
ward  south  of  the  center  line  of  Van  Buren  street  and 
the  twelfth  ward  of  Chicago. 

Fifth — That  part  of  the  sixth  ward  west  of  the  center 
line  of  Throop  street,  the  seventh  ward,  and  that  part 
of  the  eighth  ward  south  of  the  center  line  of  Taylor 
street,  in  Chicago. 

Sixth — The  eighteenth  ward,  that  part  of  the  sixteenth 
ward  east  of  the  center  line  of  Sedgwick  street,  and  the 
fifteenth  ward  of  Chicago,  and  the  towns  cf  Lake  View 
and  Evanston,  in  Cook  county. 

Seventh — The  towns  of  New  Trier,  Northtield,  Wheel- 
ing, Palatine,  Barrington,  Hanover,  Schaumberg,  Elk 
Grove,  Maine,  Niles,  Jefferson,  Norwood  Park,  Leyden, 
Proviso,  Cicero,  Riverside,  Lyons,  Lemont,  Palos, 
Worth,  Calumet,  Thornton,  Bremen,  Orland,  Rich  and 
Bloom,  in  Cook  county. 

Eighth — Lake,  McHenry  and  Boone  counties. 

Ninth — The  thirteenth  ward,  and  all  of  the  fourteenth 
ward  except  that  portion  thereof  lying  east  of  a  line 
drawn  from  a  point  where  the  center  line  of  Milwaukee 
avenue  intersects  the  center  line  of  Ohio  street,  north- 


MISCELLANEOUS.  61 

west  along  said  center  line  of  Milwaukee  avenue  to  the 
center  line  of  Ashland  avenue,  thence  north  along  the 
center  line  of  Ashland  avenue  to  the  center  line  of  Cly- 
bourne  place,  thence  northeasterly  along  the  center  line 
of  Clybourne  place  to  the  north  branch  of  Chicago  river, 
in  the  city  of  Chicago. 

Tenth — The  counties  of  Winnebago  and  Ogle. 

Eleventh — The  fifth  ward  and  that  part  of  the  sixth 
ward  east  of  the  center  line  of  Throop  street,  in  Chi- 
cago. 

Twelfth — Jo  Daviess,  Stephenson  and  Carroll  coun- 
ties. 

Thirteenth — That  part  of  the  fourteenth  ward  lying 
east  of  a  line  drawn  from  the  intersection  of  the  center 
line  of  Milwaukee  avenue  with  the  center  line  of 
Ohio  street,  northwest  along  the  center  line  of 
said  Milwaukee  avenue  to  the  center  of  Ashland 
avenue,  thence  north  along  the  center  line  of  Ashland 
avenue  to  the  center  line  of  Clybourne  place,  thence 
northeasterly  along  the  center  line  of  Clybourne  place 
to  the  north  branch  of  the  Chicago  river ;  that  part  of 
the  sixteenth  ward  west  of  the  center  line  of  Sedgwick 
street,  and  the  seventeenth  ward,  in  the  city  of  (Chicago. 

Fourteenth — Kane  and  Du  Page  counties. 

Fifteenth— Will. 

Sixteenth — Kankakee  and  Iroquois. 

Seventeenth — De  Kalb,  Kendall  and  Grundy. 

Eighteenth — Livingston  and  Ford. 

Nineteenth — Whiteside  and  Lee. 

Twentieth — Marshall,  Woodford  and  Tazewell. 

Twenty-fifst — Hock  Island  and  Henry. 

Twenty-second — Knox  and  Fulton. 

Twenty-third — La  Salle. 

Twenty-fourth — Hancock,  Henderson  and  Mercer. 


62  CRAWFORD'S  CTVIL  GOVERNMENT. 

Twenty-fifth — Bureau,  Stark  and  Putnam. 

Twenty-sixth — Peoria  county. 

Twenty-seventh — Warren  and  McDonough. 

Twenty -eighth — McLean. 

Twenty-ninth — Logan  and  Macon. 
y  Thirtieth— Champaign,  Piatt  and  De  Witt. 

Thirty-first — Vermilion  and  Edgar. 

Thirty-second — Douglass,  Coles  and  Cumberland. 

Thirty-third — Moultrie,  Shelby  and  Effingham. 

Thirty-fourth — Mason,  Menard,  Cass  and  Schuyler, 

Thirty-fifth—Adams. 

Thirty-sixth — Brown,  Pike  and  Calhoun. 

Thirty-seventh — Scott,  Greene  and  Jersey. 

Thirty-eighth — Macoupin  and  Morgan. 

Thirty  ninth — Sangamon. 

Fortieth — Christian  and  Montgomery. 

Forty-first — Madison. 

Forty-second — Bond,  Clinton  and  Washington. 

Forty-third — Fayette,  Marion  and  Jefferson. 

Forty-fourth — Clay,  Richland,  Wayne  and  Edwards. 

Forty-fifth — Clark,  Jasper  and  Crawford. 

Forty-sixth — Hamilton,    White,    Wabash    and  Law- 
rence. 

Forty-seventh — St.  Glair. 

Forty  eighth — Monroe,  Randolph  and  Perry. 

Forty-ninth — Saline,     Gallatin,    Hardin,     Pope    and 
Massac. 

Fiftieth — Jackson,  Union  and  Alexander. 

Fifty-first — Franklin,  Williamson,  Johnson   and  Pu- 
laski. 

GRAND  DIVISIONS  OF  THE  SUPREME  COURT. 

Southern    Grand  Division — Terms    held  at    Mount 
Vernon. 


MISCELLANEOUS.  63 

Counties  of  Alexander,  Bond,  Clay,  Clinton,  Craw- 
ford, Edwards,  Effingham,  Fayette,  Franklin,  Gallatin, 
Hamilton,  Hardin,  Jackson,  Jasper,  Jefferson,  Johnson, 
Lawrence,  Madison,  Marion,  Massac,  Monroe,  Perry, 
Pope,  Pulaski,  Randolph,  Richland,  Saline,  St.  Clair, 
Union,  Wabash,  Washington,  Wayne,  White  and  Wil- 
liamson. 

Central  Grand  Division — Terms  held  at  Springfield. 

Counties  of  Adams,  Brown,  Cass,  Calhoun,  Cham- 
paign, Christian,  Clark,  Coles,  Cumberland,  De  Witt, 
Douglas,  Edgar,  Ford,  Fulton,  Greene,  Hancock,  Jer- 
sey, Logan,  Macon,  Macoupin,  Mason,  McDonough, 
McLean,  Menard,  Montgomery,  Morgan,  Moultrie, 
Piatt,  Pike,  Sangamon,  Schuyler,  Scott,  Shelby,  Taze- 
well  and  Vermilion. 

Northern  Grand  Division — Terms  held  at  Ottawa. 

Counties  of  Boone,  Bureau,  Carroll,  Cook,  DC  Kalb, 
Du  Page,  Grundy,  Henderson,  Henry,  Iroquois,  Jo 
Daviess,  Kane,  Kankakee,  Kendall,  Knox,  Lake,  La 
Salle,  Lee,  Livingstone,  Marshall,  McHenry,  Mercer, 
Ogle,  Peoria,  Putnam,  Rock  Island,  Stark,  Stephenson, 
Warren,  Whiteside,  Will,  Winnebago  and  Woodford. 

ELECTION  DISTRICTS  OF  SUPREME  COURT. 

First  District — The  counties  of  St.  Clair,  Clinton,  Wash- 
ington, Jefferson,  Wayne,  Edwards,  Wabash,  White, 
Hamilton,  Franklin,  Perry,  Randolph,  Monroe,  Jackson, 
Williamson,  Saline,  Gallatin,  Hardin,  Pope,  Union, 
Johnson,  Alexander,  Pulaski  and  Massac. 

Second  District  —  The  counties  of  Madison,  Bond, 
Marion,  Clay,  Richland,  Lawrence,  Crawford,  Jasper, 
Effingham,  Fayette,  Montgomery,  Macoupin,  Shelby, 
Cumberland,  Clark,  Greene,  Jersey,  Calhoun  and  Chris- 
tian. 


64:  CRAWFORD'S  CIVIL  GOVERNMENT. 

T/iird  District — The  counties  of  Sangamon,  Macon, 
Logan,  De  Witt,  Piatt,  Douglas,  Champaign,  Vermillion, 
McLean,  Livingston,  Ford,  Iroquois,  Coles,  Edgar, 
Moultrie  and  Tazewell. 

Fourth  District — The  counties  of  Fulton,  McDonough, 
Hancock,  Schuyler,  Brown,  Adams,  Pike,  Mason,  Me- 
nard,  Morgan,  Cass  and  Scott. 

Fifth  District — The  counties  of  Knox,  Warren,  Hen- 
derson, Mercer,  Henry,  Stark,  Peoria,  Marshall,  Put- 
nam, Bureau,  La  Salle,  Grundy  and  Wood  ford. 

Sixth  District — The  counties  of  Whiteside,  Carroll, 
Jo  Daviess,  Stephenson,  Winnebago,  Boone,  McHenry, 
Kane,  Kendall,  De  Kalb,  Lee,  Ogle  and  Rock  Island. 

Seventh  District — The  counties  of  Lake,  Cook,  Will, 
Kankakee  and  Du  Page. 

APPELLATE  COURT  DISTRICTS. 

First  District — Cook  county. 

Second  District — It  includes  the  counties  embraced 
in  the  northern  grand  division  of  the  supreme  court, 
except  Cook  county. 

Third  District — It  includes  the  counties  embraced 
within  the  central  grand  division  of  the  supreme  court. 

Fourth  District — It  includes  the  counties  embraced 
within  the  southern  grand  division  of  the  supreme 

court. 

CIRCUIT  COURTS. 

First  Circuit — The  counties  of  Franklin,  Saline,  Wil- 
liamson, Jackson,  Union,  Johnson,  Pope,  Hardin,  Mas- 
sac,  Pulaski  and  Alexander. 

Second  Circuit — The  counties  of  Cumberland,  Effing- 
ham,  Clay,  Jasper,  Richland,  Lawrence,  Crawford,  Jef- 
ferson, Wayne,  Edwards,  Wabash,  White,  Hamilton 
and  Gallatin. 


MISCELLANEOUS.  65 

Third  Circuit — The  counties  of  Bond,  Madison,  St. 
Clair,  Marion,  Clinton,  Washington,  Randolph,  Monroe 
and  Perry. 

Fourth  Circuit — The  counties  of  Vermilion,  Edgar, 
^Clark,  Coles,  Douglas,  Champaign,  Piatt,  Moultrie  and 
Macon. 

Fifth  Circuit — The  counties  of  Sangamon,  Macoupin, 
Christian,  Montgomery,  Fayette  and  Shelby. 

Sixth  Circuit — The  counties  of  Hancock.  Adams, 
Fulton,  McDonough,  Schuyler,  Brown  and  Pike. 

Seventh  Circuit — The  counties  of  De  Witt,  Logan, 
Menard,  Mason,  Cass,  Morgan,  Scott,  Greene,  Jersey 
and  Calhoun 

Eighth  Circuit — The  counties  of  Putnam,  Marshall, 
Woodford,  Tazewell,  Peoria  and  Stark. 

Ninth  Circuit — The  counties  of  Bureau,  La  Salle, 
Will  and  Grundy. 

Tenth  Circuit — The  counties  of  Rock  Island,  Mercer, 
Henry,  Henderson,  Warren  and  Knox. 

Eleventh  Circuit — The  counties  of  McLean,  Ford, 
Kankakec,  Iroquois  and  Livingston. 

Twelfth  Circuit — -The  counties  of  Boone,  De  Kalb. 
McHenry,  Lake,  Kane,  Du  Page  and  Kendall. 

Thirteenth  Circuit — The  counties  of  Jo  Daviess, 
Stephenson,  Winnebago,  Carroll,  Whiteside,  Ogle  and 
Lee. 

Cook  county  alone  constitutes  another  circuit. 

E         3* 


CONSTITUTION  OF  THE  STATE  OF  ILLINOIS, 


I.  BOUNDARIES  OP  THE  STATE 67 

II.  BILL  OF  RIGHTS 68 


alties  proportionate — Corruption— Forfeiture;    §12.  Imprisonment  for  debt; 


§13.  Compensation  for  Property  taken;  §14.  Ex  post  facto  laws— Irrevocable 
Grants;  §15.  Military  Power  Subordinate;  §16.  Quartering  of  Soldiers;  §17. 
Right  of  Assembly  and  Petition;  §18.  Elections  to  be  Free  and  Equal ;  §19. 
Wnat  Laws  ought  to  be;  §20.  Fundamental  Principles. 

III.  DISTRIBUTION  OF  POWERS 69 

IV.  LEGISLATIVE  DEPARTMENT 69 

61.  General  Assembly  elective;  §2.  Time  of  Election— Vacancies;  §3.  Who  are  eligi- 
ble; §4.  Disqualification  by  Crime;  §5.  Oath  taken  by  members;  §<j.  Sena- 
torial Apportionments;  §7.  &  8.  Minority  Representation;  §9.  time  of  meet- 


§16.  Bills  making  Appropriations;  §17.  Payment  of  money— Statement  of 
Expenses;  §18.  Ordinary  Expenses— Casual  Deficits— Appropriations  limited; 
§19.  Extra  Compensation  or  Allowance;  §20.  Public  Credit  not  loaned;  §21. 
Pay  and  mileage  of  members;  §22.  Special  Legislation  prohibited;  §23. 
Against  Release  from  Liability;  §24.  Proceedings  on  Impeachment;  §25.  Fuel, 
Stationery  and  Printing;  §26.  State  not  ti>  be  sued;  1127.  Lotteries  and  Gift 
Enterprises;  §28.  Terms  of  office  not  Extended;  §29.  Protection  of  operative 
miners;  §30.  Concerning  roads— public  and  private;  §31.  Draining  and  ditch- 
ing; §32.  Homestead  and  Exemption  Laws;  §33.  Completion  of  the  SUite 
House. 

V.  EXECUTIVE  DEPARTMENT 74 

§1.  Officers  of  this  Department;  §2.  Of  the  State  Treasurer;  §3.  Time  of  Electing 
State  Officers;  §4.  Returns— Tie— Contested  Election;  }5.  Eligibility  for  Office; 
§6.  Governor— Power  and  Duty ;  §7.  His  Message  and  Statement;  §8.  Conven- 
ing the  General  Assembly;  §9.  Proroguing  the  General  Assembly;  §10.  Nomi- 
nations by  the  Governor;  §11.  Vacancies  may  be  filled;  §12.  Removals  by  the 
Governor;  §13.  Reprieves- Commutations— Pardons;  §14.  Governor  as  Com  - 
mander-in-Chief;  §15.  Impeachment  for  Misdemeanor;  §16.  Veto  of  the 
Governor;  §17.  Lieutenant  Governor  as  Governor;  §18.  As  President  of  the 
Senate;  §19.  Vacancy  in  Governor's  Office;  §20.  Vacancy  in  other  State  Offices; 
§21.  Reports  of  State  Officers;  §22.  Great  Seal  of  State;  §23.  Fees  and  Sal- 
aries; §24.  Definition  of  "Office;  "§25.  Oath  of  Civil  Officers. 

VI.  JUDICIAL  DEPARTMENT 77 

{!•  Judicial    Powers  of   Courts;    §2.    Seven   Supreme  Judges— Four  Decide;    §3. 

Qualifications  of  a  Supreme  Judge;  §4.  Terms  of  the  Supreme  Court;  §5. 
Three  Grand  Divisions -Seven  Districts:  §6.  Election  of  Supreme  Judges;  §7. 
Salaries  of  the  Supreme  Judges;  §8  Appeals  and  Writs  of  Error;  §9.  Ap- 
pointment of  Reporter;  §10.  Clerks  of  the  Supreme  Coint;  §11.  Appellate 
Courts  Authorized;  §12.  Jurisdiction  of  Circuit  Courts;  §13.  Formation  of 
Judicial  Circuits;  §14.  Time  of  holding  Circuit  Courts;  §15.  Circuits  con- 
taining Four  Judges;  §16.  Salaries  of  tlie  Circuit  Judges:  §17.  Qualification 
of  Judges  or  Commissioners:  §18.  County  Judges— County  Clerks;  §19.  Ap- 
peals from  Count>  Courts;  §20.  Probate  Courts  Authorized;  §21.  Justices  of 
the  Peace  and  Constables;  §22.  State's  Attorney  in  each  County;  §23.  Cook 
County  Courts. of  Record;  §24.  Chief  Justice— Power  of  Judges;  §25.  Sal- 
aries of  the  Judges;  §26.  Criminal  Court  of  Cook  County:  §27.  Clerks  of 
'  -Jourt;  §28.  *  ' 


Cook  County  Court;  §28.  Jus  ices  in  Chicago;  §29,  Uniformity  in  the  Courts; 
§30.  Removal  of  any  Judge;  §31.  Judges  to  make  Written  Reports;  §32. 
Terms  of  Office -Filling  Vacancies;  §33.  Process— Prosecutions— Population. 


CONSTITUTION   OF  THE   STATE   OF  ILLINOIS.  67 

VII.  SUFFRAGE 82 

§1.  Who  are  Entitled  to  Vote;  §2.  All  Voting  to  be  by  Ballot:  53.  Privileges  of  Ele<  t- 
ors;  54.  Absence  on  Public  Business;  55.  Soldier  not  Deemed  a  Resident:  §6. 
Qualifications  for  Office;  §7.  Persons  Convicted  of  Crime. 

VIII.  EDUCATION 83 

{1.  Free  Schools  Established;  §2.  Gifts  or  Grants  In  Aid  of  Schools;   §3.   Public 

Schools  not  to  be  Sectarian;'  §4  School  Officers  not  Interested;  55.  County 
Superintendents  of  Schools. 

IX.  REVENUE 83 

51.  Principle  of  Taxation  Stated;  52.  Other  and  Further  Taxation;  53.  Property  Ex- 
empt from  Taxation;  54.  Sale  of  Real  Property  for  Taxes;  55.  Right  of  Ke- 
demption  Therefrom:  56.  Release  from  Taxation  Forbidden;  §7.  Taxes  Paid 
into  State  Treasury;  58.  Limitation  on  County  Taxes;  59.  Local  Municipal 
Improvements;  510.  Taxation  of  Municipal  Corporations;  §11.  Defaulter 
nut  to  be  Eligible;  512.  Limitation  on  Municipal  Indebtedness, 

X.  COUNTI  ES 84 

51.  Formation  of  New  Counties;  52.  Division  of  any  County;  53.  Territory  Stricken 

from  a  County;  54.  Removal  of  a  County  Seat;  §5.  Methods  of  County 
Government;  56.  Boanl  of  County  Commissioners;  57.  County  Affairs  in  Cook 
County;  58-  County  Officers— Terms  of  Office;  59.  Salaries  and  Fees  in  Cook 
County;  510,  Salaries  Fixed  by  County  Hoard;  §11.  Township  Officers — Spe- 
cial Laws;  12.  All  Future  Fees  Uniform;  513.  Sworn  Report  of  All  Fees. 

XI.  CORPORATIONS 86 

51.  Established  only  by  General  Laws;  52.  Existing  Charters— How  Forfeited;  53. 
Election  of  Directors  or  Managers;  54.  Construction  of  Street  Railroads;  55. 
State  Bank  Forbidden— General  Law;  66.  Liability  of  Bank  Stockholder; 
57.  Suspension  of  Specie  Payment;  58.  Of  a  General  Banking  Law;  59.  Rail- 
road Office^  Books  and  ReC"rds;  510.  Personal  Property  of  Railroads:  511. 
Consolidations  Forbidden;  512.  Railroads  Deemed  Highways— Rates  Fixed; 
513.  Stocks,  Bonds  and  Dividends;  514.  Power  Over  Existing  Companies;  515. 
Freight  and  Passenger  Tariffs  Regulated. 

XII.  MILITIA 89 

§1.  Persons  Composing  the  Militia;  52.  Organization— Equipment— Discipline;  53. 

Commissions  of  Officers;  54.  Privilege  from  Arrest;  5.  Records,  Banners  and 
Relics;  56.  Exemption  from  Militia  Duty. 

XIII.  WAREHOUSES 88 

51.  What  Deemed'Public  Warehouses;  52.  Sworn  Weekly  Statements  Required; 

53.  Examination  of  Property  Stored.  54.  Carriers  to  Deliver  Full  Weight;  §5, 
Delivery  of  Grain  by  Railroads;  56.  Power  and  Duty  of  tiie  Legislature; 
57.  Grain  Inspection— Protection  of  Dealers. 

XIV.  AMENDMENTS  TO  THE  CONSTITUTION 88 

51.  By  a  Constitutional  Convention;  52.  Proposed  by  the  Legislature. 

XV.  SCHEDULE 91 

51.  Laws  in  Force  Remain  Valid;  §2.  Fines,  Penalties  and  Forfeitures;  53.  Recog- 
nizances, Bonds,  Obligations;  54.  Present  County  Courts  Continued;  55.  All 
Existing  Courts  Continued;  56.  Persons  now  in  Office  Continued. 


PREAMBLE. 

We.  the  people  of  the  State  of  Illinois— grateful  to  Almighty  God  for  the  civil, 
political  and  religious  liberty  which  He  hiith  so  long  p.Tmitled  us  to  enjoy,  and 
looking  to  Him  for  a  blessing  upon  our  endeavors  to  secure  and  transmit  the  same 
unimpaired  to  succeeding  generations— in  order  to  form  a  more  perfect  govern- 
ment, establish  justice,  insure  domestic  tranquility,  provide  for  the  common  de- 
fense, promote  the  general  welfare,  and  secure  the  blessings  of  liberty  to  ourselves 
and  our  posterity  ;  do  ordain  and  establish  this  constitution  for  the  State  of  Il- 
linois. 

ARTICLE  I.-BOUNDARIES. 

The  boundaries  and  jurisdiction  of  the  State  shall  be  as  follows,  to-wit :  Begin- 
ning at  the  mouth  of  the  \Vabash  river  ;  thence  up  the  same,  and  with  the  line  of 
Indiana,  to  the  northwest  corner  of  said  State  ;  thence  east,  with  tne  line  of  the 


68  CRAWFORD'S  CIVIL  GOVERNMENT. 


same  State,  to  the  middle  of  Lake  Michigan  ;  thence  north,  along  the  middle  of  said 
lake,  to  north  latitude  43  degrees  and  30  minutes;  thence  west  to  the  middle  of  the 
Mississippi  river,  and  thence  down  along  the  middle  of  that  river  to  its  confluence 
with  the  Ohio  river,  and  thence  up  the  latter  river,  along  its  northwestern  shore,  to 
the  place  of  beginning:  Provided,  that  this  State  shall  exercise  such  jurisdiction  upon 
the  Ohio  river  as  she  is  now  entitled  to,  or  such  as  may  hereafcer  be  agreed  upon  by 
this  State  and  tlie  State  of  Kentucky. 

ARTICLE  II.— BILL  OF  RIGHTS. 

5  1.  All  men  are  by  nature  free  and  independent,  and  have  certain  inherent 
and  Inalienable  rights — among  these  are  life,  liberty  and  the  pursuit  of  happiness. 
To  secure  these  rights  and  the  protection  of  property,  governments  are  instituted 
among  men,  deriving  their  just  powers  from  the  consent  of  the  governed. 

§  2.  No  person  shall  be  deprived  of  life,  liberty  or  property,  without  due  pro- 
cess of  law. 

§  3.  The  free  .exercise  and  enjoyment  of  religious  profession  and  worship, 
without  discrimination,  shall  forever  be  guaranteed;  and  no  person  shall  be  denied 
any  civil  or  political  right,  privilege  or  capacity,  on  account  of  his  religious  opin- 
ions; but  the  liberty  of  conscience  hereby  secured  shall  not  be  construed  to  dis- 
pense with  oaths  or  affirmations,  excuse  acts  of  licentiousness,  or  justify  practices 
Inconsistent  with  the  peace  or  safely  of  the  State.  No  person  shall  be  required  to 
attend  or  support  any  ministry  or  place  of  worship  against  his  consent,  nor  shall 
any  preference  be  given  by  law  to  any  religious  denomination  or  mode  of  worship. 

5  4.  Every  person  may  freely  speak,  write  and  publish  on  all  subjects,  being  re- 
sponsible for  the  abuse  of  that  liberty;  and  in  all  trials  for  libel,  both  civil  and  crim- 
inal, the  truth,  when  published  with  good  motives  and  for  justifiable  ends,  shall  be 
a  sufficient  defense. 

§  5.  The  right  of  trial  by  jury  as  heretofore  enjoyed,  shall  remain  inviolate;  but 
the  trial  of  civil  cases  before  justices  of  the  peace  by  a  jury  of  less  than  twelve  men, 
may  be  authorized  by  law. 

§  6.  The  right  of  the  people  to  be  secure  in  their  persons,  bouses,  papers,  and  ef- 
fects, against  unreasonable  searches  and  seizures,  shall  not  be  violated;  and  no  war- 
rant shall  issue  without  probab'e  cause,  supported  by  affidavit,  particularly  describ- 
ing the  place  to  be  searched,  and  the  person  or  things  to  be  seized. 

§  7.  All  persons  shall  be  bailable  by  sufficient  sureties,  except  for  capital  offens- 
es, where  the  proof  is  evident  or  the  presumption  great;  and  the  privilege  of  the  writ 
of  habeas  corpus  shall  not  be  suspended,  unless  when  in  cases  of  rebellion  or  invasion 
the  public  safety  may  require  it. 

§  8.  No  person  shall  be  held  to  answer  for  a  criminal  offense  unless  on  indict- 
ment of  a  grand  jury,  except  in  cases  in  which  the  punishment  is  by  fine,  or  impris- 
onment otherwise  than  in  the  penitentiary,  in  cases  of  impeachment,  and  incases 
•arising  in  the  array  and  navy  or  in  the  militia  when  in  actual  service  in  time  of  war 
or  public  danger  :  Provided,  that  the  grand  jury  may  be  abolished  by  law  in  all 
cases.  • 

5  9.  In  all  criminal  prosecutions,  the  accused  shall  have  the  right  to  appear  and 
defend  in  person  and  by  counsel  ;  to  demand  the  nature  and  cause  of  the  accusation, 
and  to  have  a  copy  thereof;  to  meet  the  witnesses  face  to  face,  and  to  have  process  to 
compel  the  attendance  of  witnesses  in  his  behalf,  and  a  speedy  public  trial  by  an  im- 
partial jury  of  the  county  or  district.in  which  the  offense  is  alleged  to  have  been  com- 
mitted. 

5  10.  No  person  shall  be  compelled  in  any  criminal  case  to  give  evidence  against 
himself,  or  be  twice  put  in  jeopardy  for  the  same  offense. 

§  11.  All  penalties  shall  be  proportioned  to  the  nature  of  the  offense  :  and  no 
conviction  shall  work  corruption  of  blood  or  forfeiture  of  estate;  nor  shall  any  per- 
son be  transported  out  of  the  State  for  any  offense  committed  within  the  same. 

§  12.    No  person  shall  be  imprisoned  for  debt,  unless  upon  refusal  to  deliver  up 


CONSTITUTION   OF  THE   STATE   OF  ILLINOIS.  69 


his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as  shall  be  prescribed  by 
aw;  or  in  cases  where  there  is  strong  presumption  of  fraud. 

13.  Private  property  shall  not  be  taken  or  damaged  for  public  use  without  just 
compensation.  Such  compensation,  when  not  made  by  the  State,  shall  be  ascertain- 
ed by  a  jury,  asshall  be  prescribed  by  law.  The  fee  of  land  taken  for  railroad  tracks 
without  consent  of  the  own°rs  thereof,  shall  remain  in  such  owners,  subject  to  the 
use  for  which  it  is  taken. 

§  14.  No  i x  post  facto  law,  or  law  impairing  the  obligation  of  contracts,  or  mak- 
ing any  irrevocable  grant  of  special  privileges  or  immunities,  shall  be  passed. 

§  15,    The  military  shall  be  in  strict  subordination  to  the  civil  power. 

5  16.  No  soldier  shall,  in  tune  of  peace,  be  quartered  in  any  house  without  the 
consent  of  the  owner;  nor  in  time  of  war  except  in  the  manner  prescribed  by  law. 

§  17.  The  people  have  the  right  to  assemble  in  a  peaceable  manner  to  consult  for 
the  common  good,  to  make  known  their  opinions  to  their  representatives,  and  to 
apply  for  redress  of  grievances. 

}  18.    All  elections  shall  be  free  and  equal. 

§  19.  Every  person  ought  to  find  a  certain  remedy  in  the  laws  for  all  injuries 
and  wrongs  which  he  may  receive  in  his  person,  property,  or  reputation;  he  ought 
to  obtain,  by  law,  right  and  justice  freely,  and  without  being  obliged  to  purchase  it, 
completely  and  without  denial,  promptly  and  without  delay. 

§  20.  A  frequent  recurrence  to  the  fundamental  principles  of  civil  government 
is  absolutely  necessary  to  preserve  the  blessings  of  liberty. 

ARTICLE  III.— DISTRIBUTION  OF  POWERS. 

The  powers  of  the  government  of  this  State  are  divided  into  three  distinct 
departments— the  legislative,  executive  and  judicial;  and  no  person,  or  collection 
of  persons,  being  one  of  these  departments,  shall  exercise  any  power  properly 
belonging  to  either  of  the  others,  except  as  hereinafter  expressly  directed  or  per- 
mitted. 

ARTICLE  IV.— LEGISLATIVE  DEPARTMENT. 

§  1.  The  legislative  power  shall  be  vested  in  a  general  assembly,  which  shall 
consist  of  a  senate  and  house  of  representatives,  both  to  be  elected  by  the  people. 

ELECTION. 

5  2.  An  election  for  members  of  the  general  assembly  shall  be  held  on  the  Tues- 
day next  after  the  first  Monday  in  November  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy,  and  every  two  years  thereafter,  in  each  county,  at  such 
places  therein  as  may  be  provided  by  law.  When  vacancies  occur  in  either  house, 
the  governor  or  person  exercising  the  powers  of  governor,  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

ELIGIBILITY  AND  OATH. 

5  3.  No  person  shall  be  a  senator  who  shall  not  have  attained  the  age  of  twenty,- 
five  years,  or  a  representative  who  shall  not  have  attained  the  age  of  twenty- 
one  years.  No  person  shall  be»a  senator  or  a  representative  who  shall  not  be  a 
citizen  of  the  United  States,  and  who  shall  not  have  been  for  five  years  a  resident  of 
this  State,  and  for  two  years  next  preceding  his  election  a  resident  within  the  terri- 
tory forming  the  district  from  which  he  is  elected.  No  judge  or  clerk  of  any  court, 
secretary  of  state,  attorney-general,  state's  attorney,  recorder,  sheriff,  or  collector 
of  public  revenue,  member  of  either  house  of  congress,  or  person  I  olding  any 
lucrative  office  under  the  United  States  or  this  State,  or  any  foreign  government, 
shall  have  a  seat  in  the  general  assembly:  Provided,  that  appointments  in  the  mili- 
tia, and  the  offices  of  notary  public  and  justice  of  the  peace  shall  not  be  considered 
lucrative.  Nor  shall  any  person,  holding  any  office  of  honor  or  profit  under  any 
foreign  government,  or  under  the  government  of  the  United  States  (except  post- 
masters whose  annual  compensation  does  not  exceed  the  sum  of  $300),  hold  any 
office  of  honor  or  profit  under  the  authority  of  this  State. 


70  CRAWFORD'S  CIVIL  GOVERNMENT. 

5  4.  No  person  who  has  been,  or  hereafter  shall  be,  convicted  of  bribery,  per- 
jury or  other  infamous  crime,  nor  any  person  who  has  been  or  may  be  a  collector  or 
holder  of  public  moneys,  who  shall  not  have  accounted  for  and  paid  over,  accord- 
ing to  law,  all  such  moneys  due  from  him,  shall  be  eligible  to  the  general  assembly, 
or  to  any  office  of  profit  or  trust  in  this  State. 

5  5.  Members  of  the  general  assembly,  before  they  enter  upon  their  official 
duties,  shall  take  and  subscribe  to  the  following  oath  or  affirmation. 

"I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution  of 
the  United  States,  and  the  constitution  of  the  State  of  Illinois,  and  will  faithfully 
discharge  the  duties  of  senator  (or  represantative)  according  to  the  best  of  my 
ability;  and  that  I  have  not,  knowingly  or  intentionally,  paid  or  contributed  any- 
thing, or  made  any  promise  in  the  nature  of  a  bribe,  to  directly  or  indirectly  influ- 
ence any  vote  at  the  election  at  which  I  was  chosen  to  fill  the  said  office,  and  have 
not  accepted,  nor  will  I  accept  or  receive,  directly  or  indirectly,  any  money  or  other 
valuable  thing,  from  any  corporation,  company  or  person,  for  any  vote  or  influence 
I  may  give  or  withhold  on  any  bili,  resolution  or  appropriation,  or  for  any  other 
official  act" 

This  oath  shall  be  administered  by  a  judge  of  the  supreme  or  circuit  court,  in 
the  hall  of  the  house  to  which  the  member  is  elected,  and  the  secretary  of  state  shall 
record  and  file  the  oath  subscribed  by  each  member.  Any  member  who  shall  refuse 
to  take  the  oath  herein  prescribed,  shall  forfeit  his  office,  and  every  member  who 
shall  be  convicted  of  having  sworn  falsely  to,  or  of  violating,  his  said  oath,  shall 
forfeit  his  office,  and  be  disqualified  thereafter  from  holding  any  office  of  profit  or 
trust  in  this  State. 

APPORTIONMENT-SENATORIAL. 

5  6.  The  general  assembly  shall  apportion  the  State  every  10  years,  beginning 
with  the  year  1871,  by  dividing  the  population  of  the  State,  as  ascertained  by  the 
federal  census,  by  the  number  51,  and  the  quotient  shall  be  the  ratio  of  representa- 
tion in  the  senate.  The  State  shall  be  livided  into  51  senatorial  districts,  each  of 
which  shall  elect  one  senator,  whose  term  of  office  shall  be  four  years.  The  senators 
elected  in  the  year  of  our  Lord  1872,  in  districts  bearing  odd  numbers,  shall  vacate 
their  offices  at  the  end  of  two  years,  and  those  elected  in  districts  bearing  even 
numbers,  at  the  end  of  four  years;  and  vacancies  occurring  by  the  expiration  of 
term,  shall  be  filled  by  the  election  of  senators  for  the  full  term.  Senatorial  dis- 
tricts shall  be  formed  of  contiguous  and  compact  territory,  bounded  by  county 
lines,  and  contain  as  nearly  as  practicable  an  equal  number  of  inhabitants;  but  no 
district  shall  contain  less  than  four-fifths  of  the  senatorial  ratio.  Counties  contain- 
ing not  less  than  the  ratio  and  three-fourths,  may  be  divided  into  separate  districts, 
and  shall  be  entitled  to  two  senators,  and  to  one  additional  senator  for  each  number 
of  inhabitants  equal  to  the  ratio,  contained  by  such  counties  in  excess  of  tw'je  the 
number  of  said  ratio. 

NOTE.— By  the  adoption  of  minority  representation,  §§  7  and  8.  of  this  article, 
cease  to  be  a  part  of  the  constitution.  Under  §  12  of  the  schedule,  and  the  vote  of 
adoption,  the  following  section  relating  to  minority  representation  is  substituted 
for  said  sections: 

MINORITY  REPRESENTATION. 

5§  7  and  8.  The  house  of  representatives  shall  consist  of  three  times  the  number 
of  the  members  of  the  senate,  and  the  term  of  office  shall  be  two  years.  Three 
representatives  shall  be  elected  in  each  senatorial  district  at  the  general  election  in 
the  year  of  our  Lord  1872,  and  every  two  years  thereafter.  In  all  elections  of  repre- 
sentatives aforesaid,  each  qualified  voter  may  cast  as  many  votes  for  one  candidate 
as  there  are  representatsves  to  be  elected,  or  may  distribute  the  same,  or  equal  parts 
thereof,  among  the  candidates,  as  he  shall  see  fit;  and  tne  candidates  highest  in  votes 
shall  be  declared  elected. 

TIME  OF   MEETING  AND  GENERAL  RULES. 

§  9.  The  sessions  of  the  general  assembly  shall  commence  at  12  o'clock  noon,  on 
the  Wednesday  next  after  the  first  Monday  in  January,  in  the  year  next  ensuing 


CONSTITUTION   OF   THE    STATE   OF   ILLINOIS.  71 

the  election  of  members  thereof,  and  at  no  other  time,  unless  as  provided  by  this 
constitution.  A  majority  of  the  members  elected  to  each  house  shall  constitute  a 
quorum.  Each  house  shall  determine  the  rules  of  its  proceedings,  and  be  the  judge 
of  the  election,  returns  and  qualifications  of  its  members;  shall  choose  its  own 
officers;  and  the  senate  shall  choose  a  temporary  president  to  preside  when  the 
lieutenant  governor  shall  not  attend  as  president  or  shall  act  as  governor.  The 
secretary  of  state  shall  call  the  house  of  representatives  to  order  at  the  opening  of 
each  new  assembly,  and  preside  over  it  until  a  temporary  presiding  officer  thereof 
shall  have  been  chosen  and  shall  have  taken  his  seat.  No  member  shall  be  expelled 
by  either  house,  except  by  a  vote  of  two-thirds  of  all  the  members  elected  to  that 
house,  and  no  member  shall  be  twice  expelled  for  the  same  offense.  Each  house 
may  punish  by  imprisonment  any  person,  not  a  member  who  shall  be  guilty  of  dis- 
respect to  the  house  by  disorderly  or  contemptuous  behavior  in  its  presence.  But  no 
such  imprisonment  shall  extend  beyond  24  hours  at  one  time,  unless  the  person 
shall  persist  in  such  disorderly  or  contemptuous  behavior. 

§  10.  The  doors  of  each  house  and  of  committees  of  the  whole  shall  be  kept 
open,  except  in  such  cases  as,  in  the  opinion  of  the  house,  require  secrecy.  Neither 
house  shall,  without  the  consent  of  the  other,  adjourn  for  more  than  two  days,  or  to 
any  other  place  than  that  in  which  the  two  houses  shall  be  sitting.  Each  house 
shall  keep  a  journal  of  its  proceedings,  wliich  shall  be  published.  In  the  senate  at 
the  request  of  two  members,  and  in  the  house  at  the  request  of  five  members,  the 
yeas  and  nays  shall  be  taken  on  any  question,  and  entered  upon  the  journal.  Any 
two  members  of  either  house  shall  have  liberty  to  dissent  from  and  protest,  in  re- 
spectful language,  against  any  act  or  resolution  which  they  think  injurious  to  the 
public  or  to  any  individual,  and  have  the  reasons  of  their  dissent  entered  upon  the 
journals. 

STYLE  OF  LAWS  AND  PASSAGE  OF  BILLS. 

§11.  The  style  of  the  laws  of  this  State  shall  be  :  Be  it  enacted  by  the  People  of 
the  State  of  Illinois,  represented  in  the  General  Assembly. 

§  12.  Bills  may  originate  in  either  house,  but  may  be  altered,  amended  or  re- 
jected by  the  other;  and  on  the  final  passage  of  all  bills,  the  vote  shall  be  by  yeas  and 
nays,  upon  each  bill  separately,  and  shall  be  entered  upon  the  journal;  and  no  bill 
shall  become  a  law  without  the  concurrence  of  a  majority  of  the  members  elected  to 
each  house. 

§13.  Every  bill  shall  be  read  at  large  on  three  different  days,  in  each  house; 
and  the  bill  and  all  amendments  thereto,  shall  be  printed  before  the  voteis  taken  on 
its  final  passage;  and  every  bill,  having  passed  both  houses,  shall  be  signed  by  the 
speakers  thereof.  No  act  hereafter  passed  shall  embrace  more  than  one  subject, 
and  that  shall  be  expressed  in  the  title.  But  if  any  subject  shall  be  embraced  in  an 
act  which  shall  not  be  expressed  in  the  title,  such  act  shall  be  void  only  as  to  so 
much  thereof  as  shall  not  be  so  expressed ;  and  no  law  shall  be  revived  or  amended 
by  reference  to  its  title  only,  but  the  law  revived,  or  the  section  amended  shall  be  in- 
serted at  length  in  the  new  act.  And  no  act  of  the  general  assemMy  shall  take  effect 
until  the  first  day  of  July  next  after  its  passage,  unless,  in  case  of  emergency, 
(which  emergency  shall  be  expressed  in  the  preamble  or  body  of  the  act),  the  gen- 
eral assembly  shall,  by  a  vote  of  two- thirds  of  all  the  members  elected  to  each  house, 
otherwise  direct. 

PRIVILEGES  AND   DISABILITIES. 

§14.  Senators  and  representatives  shall,  in  all  cases,  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  during  the  session  of  the  general  as- 
sembly, ami  in  going  to  and  returning  from  the  same;  and  for  any  speech  or  debate 
in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

§  15.  No  person  elected  to  the  general  assembly  shall  receive  any  civil  appoint- 
ment within  this  State  from  the  governor,  the  governor  and  senate,  or  from  tlie 
general  assembly,  during  the  term  for  which  he  shall  have  been  «lected;  and  all 
such  appointments,  and  all  votes  given  for  any  such  members  for  any  such  office  or 


72  CRAWFORD'S  CIVIL  GOVERNMENT. 

appointment,  shall  be  void;  nor  shall  any  member  of  the  general  assembly  be  inter- 
ested, either  directly  or  indirectly,  in  any  contract  with  the  State,  or  any  county 
thereof,  authorized  by  any  law  passed  during  the  term  for  which  he  shall  have  been 
elected,  or  within  one  year  after  the  expiration  thereof. 

PUBLIC   MONEYS  AND  APPROPRIATIONS. 

§  16.  The  general  assembly  shall  make  no  appropriation  of  money  out  of  the 
treasury  in  any  private  law.  Bills  making  appropriations  for  the  pay  of  members 
and  officers  of  the  general  assembly,  and  for  the  salaries  of  the  officers  of  the  gov- 
ernment, shall  contain  no  provisions  on  any  other  subject. 

§  17.  No  money  shall  be  drawn  from  the  treasury  except  in  pursuance  of  an  ap- 
propriation made  by  law,  and  on  the  presentation  of  a  warrant  issued  by  the  audi- 
tor thereon:  and  no  money  shall  be  diverted  from  any  appropriation  made  for  any 
purpose,  or  taken  from  any  fund  whatever,  either  by  joint  or  separate  resolution. 
The  auditor  shall,  within  60  days  after  the  adjournment  of  each  session  of  the  gen- 
eral assembly,  prepare  and  publish  a  full  statement  of  all  money  expended  at  such 
session,  specifying  the  amount  of  each  item,  and  to  whom  and  for  what  paid. 

5  18.  Each  general  assembly  shall  provide  for  all  the  appropriations  necessary 
for  the  ordinary  and  contingent  expenses  of  the  government  until  the  expiration  of 
the  first  fiscal  quarter  after  the  adjournment  of  the  next  regular  session,  the  aggre- 
gate amount  of  which  shall  not  be  increased  without  a  vote  of  two-thirds  of  the 
members  elected  to  each  house,  nor  exceed  the  amount  of  revenue  authorized  by  law 
to  be  raised  in  such  time;  and  all  appropriations,  general  or  special,  requiring  mon- 
ey to  be  paid  out  of  the  State  Treasury,  from  funds  belonging  to  the  State,  shall  end 
with  such  fiscal  quarter  :  Provided,  the  State  may.  to  meet  casual  deficits  or  failures 
In  revenues,  contract  debts,  never  to  exceed  in  the  aggregate  $350,000;  and  mon- 
eys thus  borrowed  shall  be  applied  to  the  purpose  for  which  they  were  obtained,  or 
to  pay  the  debt  thus  created,  and  to  no  other  purpose;  and  no  other  debt,  except  for 
the  purpose  of  repelling  invasion,  suppressing  insurrection,  or  defending  the  State 
in  war,  (for  payment  of  which  the  faith  of  the  State  shall  be  pledged),  shall  be  con- 
tracted, unless  the  law  authorizing  the  same  shall,  at  a  general  election,  have  been 
submitted  to  the  people,  and  have  received  a  majority  of  the  votes  cast  for  members 
of  the  general  assembly  at  such  election.  The  general  assembly  shall  provide  for 
the  publication  of  said  law  for  three  months,  at  least,  before  the  vote  of  the  people 
shall  be  taken  upon  the  same  ;  and  provision  shall  be  made,  atthetime,  for  the  pay- 
ment of  the  interest  annually,  as  it  shall  accrue,  by  a  tax  levied  for  th«  purpose,  or 
from  other  sources  of  revenue;  which  law,  providing  for  the  payment  of  such  inter- 
est by  such  tax,  shall  be  irrepealable  until  such  debt  be  paid  :  And  provided  fur- 
ther, that  the  law  levying  the  tax  shall  be  submitted  to  the  people  witli  the  law  au- 
thorizing the  debt  to  be  contracted. 

§  19.  The  general  assembly  shall  never  grant  or  authorize  extra  compensation, 
fee  or  allowance  to  any  public  officer,  agent,  servant  or  contractor,  after  service  has 
been  rendered  or  a  contract  made,  nor  authorize  the  payment  of  any  claim,  or 
part  thereof,  hereafter  created  against  the  State  under  any  agreement  or  contract 
made  without  express  authority  of  law;  and  all  such  unauthorized  agreements  or 
contracts  shall  be  null  and  void.  Provided,  the  general  assembly  may  make  appro- 
priations for  expenditures  incurred  in  suppressing  insurrection  or  repelling  inva- 
sion. 

5  20.  The  State  shall  never  pay,  assume,  or  become  responsible  for  the  debts  or 
liabilities  of,  or  in  any  manner  give,  loan  or  extend  its  credit  to,  or  in  aid  of  any  pub- 
lic or  other  corporation,  association  or  individual. 

PAY    OF   MEMBERS. 

5  21.  The  members  of  the  general  assembly  shall  receive  for  their  services  the 
sum  of  $5  per  day  during  the  first  session  held  under  this  constitution,  and  10  cents 
for  each  mile  necessarily  traveled  in  going  to  and  returning  from  the  seat  of  gov- 


CONSTITUTION   OF  THE   STATE   OF  ILLINOIS.  73 


ernment,  to  be  computed  by  the  auditor  of  public  accounts ;  and  thereafter  such 
compensation  as  shall  be  prescribed  by  law,  and  no  other  allowance  or  emolument, 
di  ectly  or  indirectly,  for  any  purpose  whatever:  except  the  sum  of  $50  per  session 
to  each  member,  which  shall  be  in  full  for  postage,  stationery,  newspapers,  and  all 
other  incidental  expenses  and  perquisites;  but  no  changeshall  be  made  in  the  com- 
pensation of  members  of  the  general  assembly  during  the  term  for  which  they  may 
have  been  elected.  The  pay  and  mileage  allowed  to  each  member  of  the  general 
assembly  shall  be  certi flea  by  the  speaker  of  their  respective  houses,  and  entered 
on  the  journals  and  published  at  the  close  of  each  session. 

SPECIAL  LEGISLATION  PROHIBITED. 

§  22.    The  general  assembly  shall  not  pass  local  or  special  laws  in  any  of  the 
following  enumerated  cases,  that  is  to  say:  tor- 
Granting  divorces; 

Changing  the  names  of  persons  or  places; 

Laying  out,  opening,  altering,  and  working  roads  or  highways; 

Vacating  roads,  town  plats,  streets,  alleys  and  public  grounds; 

Locating  or  changing  county  se  ats ; 

Regulating  county  and  township  affairs; 

Regulating  the  practice  in  courts  of  justice ; 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace,  police  magistrates, 
and  constables; 

Providing  for  changes  of  venue  in  civil  and  criminal  cases; 

Incorporating  cities,  towns,  or  villages,  or  changing  or  am  ending  the  charter  of 
any  town,  city  or  village; 

Providing  for  the  election  of  members  of  the  board  of  supervisors  in  townships, 
incorporated  towns  or  cities; 

Summoning  or  impaneling  grand  or  petit  juries  ; 

Providing  for  the  management  of  common  schools; 

Regulating  the  rate  of  interest  on  money; 

The  opening  and  conducting  of  any  election,  or  designating  the  place  of  voting; 

The  sale  or  mortgage  of  real  estate  belonging  to  minors  or  others  under  disability; 

The  protection  of  game  or  fish; 

Chartering  or  licensing  ferries  or  toll  bridges; 

Remitting  fines,  penalties  or  forfeitures; 

Creating,  increasing  or  decreasing  fees,  percentage  or  allowances  of  public  offi- 
cers during  the  term  for  which  said  officers  are  elected  or  appointed; 

Changing  the  law  of  descent; 

Granting  to  any  corporation,  association  or  individual  the  right  to  lay  down  rail- 
road tracks,  or  amending  existing  charters  for  such  purpose; 

Granting  to  any  corporation,  association  or  individual  any  special  or  exclusive 
privilege,  immunity  or  franchise  whatever; 

In  all  other  cases  where  a  general  law  can  be  made   applicable,  no  special  law 
shall  be  enacted. 

523.  The  general  assembly  shall  have  no  power  to  release  or  extinguish,  in 
whole  or  in  part,  the  indebtedness,  liability,  or  obligation  of  any  corporation  or  in-  . 
dividual  to  this  State  or  to  any  municipal  corporation  therein. 

IMPEACHMENT. 

5  24.  The  house  of  representatives  shall  have  the  sole  power  of  impeachment; 
Hut  a  majority  of  all  the  members  elected  must  concur  therein.  All  impeachments 
shall  be  tried  by  the  senate;  and  when  sitting  forthat  purpose  the  senators  shall  be 
upon  oath,  or  affirmation,  to  do  justice  according  to  l.iw  and  evidence.  When  the 
governor  of  the  State  is  tried  the  chief  justice  shall  preside.  No  person  shall  be 
convicted  without  the  concurrence  of  two- thirds  of  the  senators  elected.  But  judg- 
ment, in  such  cases,  shall  not  extend  further  than  removal  from  office  and  disquali- 
4 


74  CRAWFORD'S  CIVIL  GOVERNMENT. 

flcation  to  hold  any  office  of  honor,  profit  or  trust  under  the  government  of  this 
State.  The  party,  whether  convicted  or  acquitted,  shall,  nevertheless,  be  liable  to 
prosecution,  trial,  judgment  and  punishment  according  to  law. 

MISCELLANEOUS. 

§  25.  The  general  assembly  shall  provide,  by  law,  that  the  fuel,  stationery,  and 
printing  paper  furnished  for  the  use  of  the  State;  the  copying,  printing  binding  and 
distributing  the  laws  and  journals,  and  all  other  printing  ordered  by  the  general  as- 
sembly, shall  be  let  by  contract  to  the  lowest  responsible  bidder;  but  the  general  as- 
sembly shall  fix  a  maximum  price;  and  no  member  thereof,  or  other  officer  of  the 
State,  shall  be  interested,  directly  or  indirectly,  in  such  contract.  But  all  such  con- 
tracts shall  be  subject  to  the  approval  of  the  governor,  and  if  he  disapproves  the 
same  there  shall  be  a  re-letting  of  the  contract,  in  such  manner  as  shall  be  prescrib- 
ed by  law. 

5  26.  The  State  of  Illinois  shall  never  be  made  defendant  in  any  court  of  law  or 
equity. 

5  27.  The  .-eneral  assembly  shall  have  no  power  to  authorize  lotteries  or  gift 
enterprises,  for  any  purpose,  and  shall  pass  laws  to  prohibit  the  sale  of  lottery  or 
gift  enterprise  tickets  in  this  State. 

§  28,  No  law  shall  be  passed  which  shall  operate  to  extend  the  term  of  any  pub- 
lic officer  after  his  election  or  appointment. 

5  29.  It  shall  be  the  duty  of  the  general  assembly  to  pass  such  laws  as  may  be 
necessary  for  the  protection  of  operative  miners,  by  providing  for  ventilation,  when 
the  same  may  be  required,  and  the  construction  of  escapement  shafts,  or  such  other 
appliances  as  may  secure  safety  in  all  coal  mines,  and  to  provide  for  the  enforce- 
ment of  said  laws  by  such  penalties  and  punishments  as  may  be  deemed  proper. 

§  30.  The  general  assembly  may  provide  for  establishing  and  opening  roads  and 
cartways,  connected  with  a  public  road,  for  private  and  public  use. 

§  31.  The  general  assembly  may  pass  laws  permitting  the  owners  or  occupants 
of  lands  to  construct  drains  and  ditches,  for  agricultural  and  sanitary  purposes, 
across  the  lands  of  others. 

§  32.    The  general  assembly  shall  pass  liberal  homestead  and  exemption  laws. 

$  33.  The  general  assembly  shall  not  appropriate  out  of  the  State  treasury,  or 
expend  on  account  of  the  new  capitol  grounds,  and  construction,  completion,  and 
furnishing  of  the  new  State  house,  a  sum  exceeding,  in  tne  aggregate,  83,500,000, 
inclusive  of  all  appropriations  heretofore  made,  without  first  submitting  the  propo- 
sition for  an  additional  expenditure  to  the  legal  voters  of  the  State,  at  a  general  elec- 
tion; nor  unless  a  majority  of  all  the  votes  cast  at  such  election  shall  be  for  the  pro- 
posed additional  expenditure. 

ARTICLE  V.— EXECUTIVE  DEPARTMENT. 

5  1.  The  executive  department  shall  consist  of  a  Governor,  Lieutenant  Gov- 
ernor, Secretary  of  State,  Auditor  of  Public  Accounts,  Treasurer,  Superintendent 
of  Public  Instruction,  and  Attorney  General,  who  shall,  each,  with  the  exception  of 
the  Treasurer,  hold  his  office  for  the  term  of  four  years  from  the  second  Monday  of 
January  next  after  his  election,  and  until  his  successor  is  elected  and  qualified. 
They  shall,  except  the  Lieutenant  Governor,  reside  at  the  seat  of  government  dur- 
ing their  term  of  office,  and  keep  the  public  records,  books  and  papers  there,  and 
shall  perform  such  duties  as  may  be  prescribed  by  law. 

§  2.  The  Treasurer  shall  hold  his  office  for  the  term  of  two  years,  and  until  his 
successor  Is  elected  and  qualified;  and  shall  be  ineligible  to  said  office  for  two  years 
next  after  the  end  of  the  term  for  which  he  was  elected.  He  may  be  required  by  the 
Governor  to  give  reasonable  additional  security,  and  in  default  of  so  doing  his 
office  shall  be  deemed  vacant. 


CONSTITUTION    OF   THE    STATE    OF   ILLINOIS.  75 


ELECTION. 

§  3.  An  election  for  Governor,  Lieutenant  Governor,  Secretary  of  State,  Audl- 
tor  of  Public  Accounts,  and  Attorney  General,  shall  be  held  on  tlie  Tuesday  next 
after  the  first  Monday  of  November,  in  the  year  of  our  Lord  1812,  and  every  four 
years  thereafter;  for  Superintendent  of  Public  Instruction,  on  the  Tuesday  next 
after  the  first  Monday  of  November,  in  the  year  1870.  and  every  four  years  thereaf- 
ter; and  for  Treasurer,  on  the  day  last  above  mentioned,  and  every  two  years 
thereafter,  at  such  places  and  in  such  manner  as  may  be  prescribed  by  law. 

§  4.  The  returns  of  every  election  for  the  above-named  officers  shall  be  sealed 
up  and  transmitted,  by  the  returning  officers,  to  the  Secretary  of  State,  directed  to 
"The  Speaker  of  the  House  of  Representatives,"  who  shall,  immediately  after  the 
organization  of  the  house,  and  before  proceeding  to  other  business,  open  and  pub- 
lish the  same  in  the  presence  of  a  majority  of  each  house  of  the  general  assembly, 
who  shall,  for  that  purpose,  assemble  in  the  hall  of  the  house  of  representatives. 
The  person  having  the  highest  number  of  votes  for  either  of  said  offices  s-hall  be 
declared  duly  elected;  but  if  two  or  more  have  an  equal  and  the  highest  number  of 
votes,  the  general  assembly  shall,  by  joint  ballot,  choose  one  of  such  persons  for 
said  office.  Contested  elections  for  all  of  said  offices  shall  be  determined  by  both 
houses  of  the  general  assembly,  by  joint  ballot,  In  such  manner  as  may  be  pre- 
scribed by  law. 

ELIGIBILITY. 

§  5.  No  person  shall  be  eligible  to  the  office  of  governor  or  lieutenant  governor 
who  shall  not  have  attained  the  age  of  30  years,  and  been  for  five  years  next  pre- 
ceding his  election  a  citizen  of  the  United  States  and  of  this  State.  Neither  the 
governor,  lieutenant  governor,  auditor  of  public  accounts,  secretary  of  State,  super- 
intendent of  public  instruction,  nor  attorney  general  shall  be  eligible  to  any  other 
office  during  the  period  for  which  he  shall  have  been  elected. 

GOVERNOR. 

§  6.  The  supreme  executive  power  shall  be  vested  in  the  governor,  who  shall 
take  care  that  the  laws  be  faithfully  executed. 

§  7.  The  governor  shall,  at  the  commencement  of  each  session,  and  at  the  close 
of  his  term  of  office,  give  to  the  general  assembly  information,  by  message,  of  the 
condition  of  the  State,  and  shall  recommend  such  measures  as  he  shall  deem  expe- 
dient. He  shall  account  to  the  general  assembly,  and  accompany  his  message  with 
a  statement  of  all  moneys  received  and  paid  out  by  him  from  any  funds  subject  to 
his  order,  with  vouchers,  and,  at  the  commencement  of  each  regular  session 
present  estimates  of  the  amount  of  money  required  to  be  raised  by  taxation  for  all 
purposes. 

§  8.  The  governor  may,  on  extraordinary  occasions,  convene  the  general  as- 
sembly, by  proclamation,  stating  therein  the  purpose  for  which  they  are  convened; 
and  the  general  assembly  shall  enter  upon  no  business  except  that  for  which  they 
were  called  together. 

5  9.  In  case  of  a  disagreement  between  the  two  houses  with  respect  to  the  time 
of  adjournment,  the  governor  may,  on  the  same  being  certified  to  him,  by  tin-  house 
first  moving  the  adjournment,  adjourn  the  general  assembly  to  such  time  as  he 
thinks  proper,  not  beyond  the  first  day  of  the  next  regular  session. 

5  10.  The  governor  shall  nominate,  anil  by  and  with  the  advice  and  consent  of 
the  senate  (a  majority  of  all  the  senators  elected  concurring  by  yeas  and  nays), 
appoint  all  officers  whose  offices  are  established  by  this  constitution,  or  which  may 
be  created  by  law,  and  whose  appointment  or  election  is  not  otherwise  provided  for; 
and  no  such  officer  shall  be  appointed  or  elected  by  the  general  assembly. 

§  11.  In  case  of  a  vacancy,  during  the  recess  of  the  senate,  in  any  office  which 
is  not  elective,  the  governor  shall  make  a  temporary  appointment  until  the  next 
meeting  of  the  senate,  when  he  shall  nominate  some  person  to  fill  such  office:  and 


76  CRAWFORD'S  CIVIL  GOVERNMENT. 

any  person  so  nominated,  who  is  confirmed  by  the  senate  (a  majority  of  all  me 
senators  elected  concurring  by  yeas  and  nays),  shall  hold  his  office  during  the 
remainder  of  the  term,  and  until  his  successor  thall  be  appointed  and  qualified.  No 
person,  after  being  rejected  by  the  senate,  shall  be  again  nominated  for  the  same 
office  at  the  same  session,  unless  at  the  request  of  the  senate,  or  be  appointed  to  tlie 
same  office  during  the  recess  of  the  general  assembly. 

§  12.  The  governor  shall  have  power  to  remove  any  officer  whom  he  may  ap- 
point, in  case  of  incompetency,  neglect  of  duty,  or  malfeasance  in  office;  and  lie 
may  declare  his  office  vacant,  and  fill  the  same  as  Is  herein  provided  in  other  cases 
of  vacancy. 

§  1-3.  The  governor  shall  have  power  to  grant  reprieves,  commutations  and 
pardons.after  conviction,  for  all  offenses  subject  to  such  regulations  as  may  be  pro- 
vided by  law  relative  to  the  manner  of  applying  therefor. 

5  14.  The  governor  shall  be  commander-in-chief  of  the  military  and  naval 
forces  of  the  State  (except  when  they  shall  be  called  into  the  service  of  the  Unitud 
States);  and  may  call  out  the  same  to  execute  the  laws,  suppress  insurrection,  aud 
repel  invasion. 

515.  The  governor,  and  all  civil  officers  of  this  State,  shall  be  liable  to  impeacvi, 
ment  for  any  misdemeanor  in  office. 

VETO. 

§  16.  Every  bill  pnssed  by  the  general  assembly  shall,  before  it  becomes  a  law. 
be  presented  to  the  governor.  If  he  approve,  he  shall  sign  it,  and  thereupon  it  shall 
become  a  law;  but  if  he  do  not  approve,  he  shall  return  it,  with  his  objections,  vo 
the  house  in  which  it  shall  have  originated,  which  house  shall  enter  the  objections 
at  large  upon  its  journal,  and  proceed  to  reconsider  the  bill.  If,  then,  two-thirds  «..* 
the  members  elected  agree  to  pass  the  same,  it  shall  be  sent,  together  with  the  ob- 
jections, to  the  other  house,  by  which  it  shall  likewise  be  reconsidered;  and  lit 
approved  by  two-thirds  of  the  members  elected  to  that  house,  it  shall  become  a  law, 
notwithstanding  the  objections  of  the  governor.  But  in  all  such  cases  the  vote  of 
each  bouse  shall  be  determined  by  yeas  and  nays,  to  be  entered  on  the  journa/. 
Any  bill  which  shall  not  be  returned  by  the  governor  within  ten  days  (Sundays  ei  - 
cepted)  after  it  shall  have  been  presented  to  him,  shall  become  a  law  in  like  manner 
as  if  he  had  signed  it,  unless  the  general  assembly  shall,  by  their  adjournment, 
prevent  its  return ;  in  which  case  it  shall  be  filed,  with  his  objections,  in  the  office  of 
the  secretary  of  State,  within  ten  days  after  such  adjournment,  or  become  a  law. 

LIEUTENANT  GOVERNOR. 

5  17.  In  case  of  death,  conviction  on  impeachment,  failure  to  qualify,  resigna- 
tion, absence  from  the  State,  or  other  disability  of  the  governor,  the  powers,  duties 
and  emoluments  of  the  office  for  the  residue  of  the  term,  or  until  the  disability  shall 
be  removed,  shall  devolve  upon  the  lieutenant-governor. 

§  18.  The  lieutenant-governor  shall  be  president  of  the  senate,  and  shall  vote 
only  when  the  senate  is  equally  divided.  The  senate  shall  choose  a  president,  p  o 
ttmpore,  to  preside  in  case  of  the  absence  or  impeachment  of  the  lieutenant- 
governor,  or  when  he  shall  hold  the  office  of  governor. 

§  19.  If  there  be  no  lieutenant-governor,  or  if  the  lieutenant-governor  shall, 
for  any  of  the  causes  specified  in  §  17  of  this  article,  b -come  incapable  of  perform- 
ing the  duties  of  the  office,  the  president  of  the  senate  shall  act  as  governor  unlil 
the  vacancy  is  filled  or  tlie  disability  removed;  and  if  the  president  of  the  senate, 
for  any  of  the  above-named  causes,  shall  become  incapable  of  performing  the 
duties  of  governor,  the  same  shall  devolve  upon  the  speaker  of  the  house  of  repre- 
sentatives. 

OTHER  STATE  OFFICERS. 

5  20.  If  the  office  of  auditor  or  public  accounts,  treasurer,  secretary  of  State, 
attorney-general,  or  superintendent  of  public  instruction  shall  be  vacated  by  deatr., 


CONSTITUTION    OF   THE    STATE   OF   ILLINOIS.  77 

resignation  or  otherwise,  It  shall  be  the  duty  of  the  governor  to  fill  the  same  by 
appointment,  and  the  appointee  shall  hold  his  office  until  his  successor  shall  be 
elected  and  qualified  in  such  manner  as  may  be  provided  by  law.  An  account  shall 
be  kept  by  the  officers  of  the  executive  department,  and  of  all  the  public  institu- 
tions of  the  State,  of  all  moneys  received  or  disbursed  by  them,  severally,  from  all 
sources,  and  for  every  service  performed,  and  a  semi-annual  report  thereof  be 
made  to  the  governor,  under  oath ;  and  any  officer  who  makes  a  false  report  shall 
be  guilty  of  perjury,  and  punished  accordingly. 

§  21.  The  officers  of  the  executive  department,  and  of  all  the  public  Institu- 
tions of  the  State,  shall,  at  least  ten  days  preceding  each  regular  session  of  the  gen- 
eral assembly,  severally  report  to  the  governor,  who  shall  transmit  such  reports  to 
the  general  assembly,  together  with  the  reports  of  the  judges  of  the  supreme  court 
of  the  defects  in  the  constitution  and  laws;  and  the  governor  may  at  anytime 
require  information.  In  writing,  under  oath,  from  the  officers  of  the  executive 
department,  and  all  officers  and  managers  of  State  institutions,  upon  any  subject 
relating  to  the  condition,  management  and  expenses  of  their  respective  offices. 

THE  SEAL  OF  STATE. 

{  22.  There  shall  be  a  seal  of  tue  State,  which  shall  be  called  the  "Great  Seal  of 
tne  State  of  Illinois,'' which  shall  be  kept  by  che  secretary  of  State,  and  used  by 
him.  officially,  as  directed  by  law. 

FEES  AND  SALARIES. 

5  23.  The  officers  named  in  this  article  shall  receive  for  their  services  a  salary, 
to  be  established  by  law,  which  shall  not  be  increased  or  diminished  during  their 
official  terms,  and  they  shall  not,  after  the  expiration  of  the  terms  of  those  in  office 
at  r,i\e  adoption  of  this  constitution,  receive  to  their  own  use  any  fees,  costs,  perqui- 
sites of  office,  or  other  compensation.  And  all  fees  that  may  hereafter  be  payable 
by  law  for  any  service  performed  by  any  officer  provided  for  iu  this  article  of  the 
constitution,  shall  be  paid  in  advance  into  the  State  treasury. 

DEFINITION  AND  OATH  OF  OFFICE. 

?  24.  An  office  is  a  public  position  created  by  the  constitution  or  law,  continuing 
during  the  pleasure  of  the  appointing  power,  or  for  a  fixed  time,  with  a  successor 
elected  or  appointed.  An  employment  is  an  agency,  for  a  temporary  purpose, 
which  ceases  when  that  purpose  is  accomplished. 

{  25.  All  civil  officers,  except  members  of  the  gerteral  assembly,  and  such  Infe- 
rior officers  as  may  be  by  law  exempted,  shall,  before  they  enter  on  the  duties  of 
their  respective  offices,  take  and  subscribe  the  following  oath  or  affirmation: 

"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  support  the 
constitution  of  the  United  States,  and  the  constitution  of  the  State  of  Illinois,  and 

that  I  will  faithfully  discharge  the  duties  of  the  office  of according  to  the  best 

of  my  ability." 
.  And  no  other  oath,  declaration  or  test  shall  be  required  as  a  qualification. 

ARTICLE  VI.  —JUDICIAL  DEPARTMENT. 

5  1.  The  Judicial  powers,  except  as  in  this  article  is  otherwise  provided,  shall 
be  vested  in  one  supreme  court,  circuit  courts,  county  courts,  justices  of  the  peace- 
police  magistrates,  and  in  such  courts  as  may  be  created  by  law  in  and  for  cities  and 
incorporated  towns. 

SUPREME  COURT. 

5  2.  The  supreme  court  shall  consist  of  seven  judges,  and  shall  have  original 
jurisdiction  in  cases  relating  to  the  revenue,  in  mandamus,  aii'l  habeas  corpus,  and 
appellate  jurisdiction  in  all  other  cases.  One  of  said  judges  shall  be  chief  justice; 


78  CRAWFORD'S  CIVIL  GOVERNMENT. 

four  shall  constitute  a  quorum,  and  the  concurrence  of  four  shall  be  necessary  to 
every  decision. 

§  3.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  supreme  court  unless 
he  shall  beat  least  30  years  of  age,  ami  a  citizen  of  the  United  States,  nor  unless  he 
shall  have  resided  in  this  State  five  years  next  preceding  his  election,  and  be  a  resi- 
dent of  the  district  in  which  he  shall  be  elected. 

§  4.  Terms  of  the  supreme  court  shall  continue  to  be  held  in  the  present  grand 
divisions  at  the  several  places  now  provided  for  holding  the  same;  and  until  other- 
wise provided  by  law,  one  or  more  terms  of  said  court  shall  be  held,  for  the  north- 
ern division,  In  the  city  of  Chicago,  each  year,  at  such  times  as  said  court  may 
appoint,  whenever  said  city  or  the  county  of  Cook  shall  provide  appropriate  rooms 
therefor,  and  the  use  of  a  suitable  library,  without  expense  to  the  State.  The 
judicial  divisions  may  be  altered,  increased  or  diminished  in  number,  and  the  times 
and  places  of  holding  said  court  may  be  changed  by  law. 

§  5.  The  present  grand  divisions  shall  be  preserved,  and  be  denominated 
Southern,  Central  and  Northern,  until  otherwis^  provided  bylaw.  The  State  shall 
be  divided  into  seven  districts  for  the  election  of  judges,  and,  until  otherwise  pro- 
vided by  law,  they  shall  be  as  follows: 

First  district.— The  counties  of  St.  Glair,  Clinton,  Washington,  Jefferson,  Wayne, 
Edwards,  Wabash,  White,  Hamilton,  Franklin,  Perry,  Randolph,  Monroe,  Jackson, 
Williamson,  Saline,  Gallatin,  Hardin,  Pope,  Union,  Johnson,  Alexander,  Pulaski 
and  Massac. 

Second  District.— The  counties  of  Madison,  Bond,  Marion,  Clay,  Richland,  Law- 
rence, Crawford,  Jasper,  Effinghain,  Fayette,  Montgomery,  Macoupin,  Shelby 
Cumberland,  Clark,  Greene,  Jersey,  Calhoun  and  Christian. 

Third  District.  —  The  counties  of  Sangamon,  Macon,  Logan,  De  Witt,  Piatt, 
Douglas,  Champaign,  Vermilliou,  McLean,  Livingston,  Ford,  Iroquois,  Coles,  Edgar, 
Moultrie  and  Tazewell. 

Fourth  District.  —  The  counties  of  Fulton,  McDonough,  Hancock,  Schuyler, 
Brown,  Adams,  Pike,  Mason,  Menaril,  Morgan,  Cass  and  Scott. 

Fifth  District. —The  counties  of  Knox,  Warren,  Henderson,  Mercer,  Henry, 
Stark,  Peoria,  Marshall,  Putnam.  Bureau,  La  Salle,  Grundy  and  Woodford. 

Sixth  District.— The  counties  of  Whiteside,  Carroll,  Jo  Daviess,  Stephenson 
Winnebago,  Boone,  McHenry,  Kane,  Kendall,  De  Kalb,  Lee.  Ogle  and  Rock 
Island. 

Seventh  District.— The  counties  of  Lake,  Cook,  Will,  Kankakee  and  Du  Page. 
The  boundaries  of  the  districts  may  be  changed  at  the  session  of  the  general 
assembly  next  preceding  the  election  for  judges  therein,  and  at  no  other  time;  but 
whenever  such  alteration  shall  be  made,  the  same  shall  be  upon  the  rule  of  equality 
of  population,  as  nearly  as  county  boundaries  will  allow,  and  the  districts  shall  be 
composed  of  contiguous  counties,  in  as  nearly  compact  form  as  circumstances  will 
permit.  The  alteration  of  the  districts  shall  not  atfect  the  tenure  of  office  of  any 
judfre. 

§  6.  At  the  time  of  voting  on  the  adoption  of  this  constitution,  one  judge  of  the 
supreme  court  shall  be  elected  by  the  electors  thereof,  in  each  of  said  districts  num- 
bered two,  three,  six  and  seven,  who  shall  hold  his  office  for  the  term  of  nine  years 
from  the  first  Monday  of  June,  in  the  year  of  our  Lord  1870.  The  term  of  office  of 
judges  of  the  supreme  court,  elected  after  the  adoption  of  this  constitution,  shall  be 
nine  years;  and  on  the  first  Monday  of  June  of  the  year  in  which  the  term  of  any  of 
the  judges  in  office  at  the  adoption  of  this  constitution,  or  of  the  judges  then  elected, 
shall  expire,  and  every  nine  years  thereafter,  there  shall  be  an  election  for  the  suc- 
cessor or  successors  of  such  judges,  in  the  respective  districts  wherein  the  term  of 
such  judges  shall  expire.  The  chief  justice  shall  continue  to  act  as  such  until  the 
expiration  of  the  term  for  which  he  was  elected,  after  which  the  judges  shall  choose 
one  of  their  number  chief  justice. 

§  7.  From  and  after  the  adoption  of  this  constitution,  the  judges  of  the  supreme 
court  shall  each  receive  a  salary  of  $4,000  per  annum,  payable  quarterly,  uut  I 


CONSTITUTION    OF   THE    STATE   OF   ILLINOIS.  79 

otherwise  provided  by  law.  And  after  said  salaries  shall  be  fixed  by  law,  the  sala- 
ries of  the  judges  in  office  shall  not  be  increased  or  diminished  during  the  terms  for 
which  said  judges  have  been  elected. 

5  8.  Appeals  and  writs  of  error  may  be  taken  to  the  supreme  court  held  in  the 
grand  division  in  which  the  case  is  decided,  or,  by  consent  of  the  parties,  to  any 
other  grand  division. 

§  9.  The  supreme  court  shall  appoint  one  reporter  of  its  decisions,  who  shall 
hold  his  office  for  six  years,  subject  to  removal  by  the  court. 

§  10.  At  the  time  of  the  election  for  representatives  in  the  general  assembly, 
happening  next  preceding  the  expiration  of  the  terms  of  offic  J  of  the  present  clerks 
of  said  court,  one  clerk  of  said  court  for  each  division  shall  be  elected,  whose  term 
of  office  shall  be  for  six  years  from  said  election,  but  who  shall  not  enter  upon  the 
duties  of  his  office  until  the  expiration  of  the  term  of  his  predecessor,  and  every 
six  years  thereafter  one  cleik  of  said  court  for  each  division  shall  be  elected. 

APPELLATE   COURTS. 

§11.  After  the  year  of  our  Lord  1874,  inferior  appellate  courts,  of  uniform  or- 
ganization and  jurisdiction,  may  be  created  in  districts  formed  for  that  purpose,  to 
which  such  appeals  and  writs  of  error  as  the  general  assembly  may  provide  may  be 
prosecuted  from  circuit  and  other  courts,  and  from  which  appeals  and  writs  of 
error  shall  lie  to  the  supreme  court,  in  all  criminal  cases,  and  cases  in  which  a  fran- 
chise, or  freehold,  or  the  validity  of  a  statute  is  involved,  and  in  such  other  cases  as 
may  be  provided  by  law.  Such  appellate  courts  shall  be  held  by  such  number  of 
judges  of  the  circuit  courts,  and  at  such  times  and  places,  and  in  such  manner,  as 
may  be  provided  by  law;  but  no  judge  shall  sit  in  review  upon  cases  decided  by 
him;  nor  shall  said  judges  receive  any  additional  compensation  for  such  services. 

CIRCUIT  COURTS. 

§  12.  The  circuit  courts  shall  have  original  jurisdiction  of  all  causes  in  law  and 
equity,  and  such  appellate  jurisdiction  as  is  or  may  be  provided  by  law,  and  shall 
hold  two  or  more  terms  each  year  in  every  county.  The  terms  of  office  of  judges 
of  circuit  courts  shall  be  six  years. 

§  13.  The  State,  exclusive  of  the  county  of  Cook  and  other  counties  having  a 
population  of  100,000,  shall  lie-divided  into  judicial  circuits  prior  to  the  expiration 
of  the  terms  of  office  of  the  present  judges  of  the  circuit  courts.  Such  circuits  shall 
be  formed  of  contiguous  counties,  in  as  nearly  compact  form  and  as  nearly  equal  as 
circumstances  will  permit,  having  due  regard  to  business,  territory  and  population, 
and  shall  not  exceed  in  number  one  circuit  for  every  100,000  of  population  in  the 
State.  One  judge  shall  be  elected  for  each  of  said  circuits  by  the  electors  thereof. 
New  cir«uits  may  be  formed  and  the  boundaries  of  circuits  changed  by  the  general 
assembly,  at  its  session  next  preceding  the  election  for  circuit  judges,  but  at  no 
other  time;  Provided,  that  the  circuits  may  be  equalized  or  changed  at  the  first  ses- 
sion of  the  general  assembly  after  the  adoption  of  this  constitution.  The  creation 
alteration  or  change  of  any  circuit  shall  not  affect  the  tenure  of  office  of  any  Judge- 
Whenever  the  business  of  the  circuit  court  of  any  one,  or  of  two  or  more  contiguous 
counties,  containing  a  population  exceeding  50,000,  shall  occupy  nine  months  of  the 
year,  the  general  assembly  may  make  of  such  county  or  c  pimties  a  separate  circuit. 
Whenever  additional  circuits  are  created,  the  foregoing  limitations  shall  be  ob- 
served. 

5  14.  The  general  assembly  shall  provide  for  the  times  of  holding  court  in  each 
county,  whicli  shall  not  be  changed,  except  by  the  general  assembly  next  preceding 
the  general  election  for  judges  of  said  courts;  but  additional  terms  may  be  provided 
for  in  any  county.  The  election  for  judges  of  the  circuit  courts  shall  be  held  on  the 
first  Monday  in  June,  in  the  year  of  our  Lord  1873,  and  every  six  years  thereafter. 

§  15.  The  general  assembly  miy  divide  the  State  into  judicial  circuits  of  greater 
population  and  territory,  in  lieu  of  the  circuits  provided  for  in  section  13  of  this 


80  CRAWFORD'S  CIVIL  GOVERNMENT. 

article,  and  provide  for  the  election  therein,  severally,  by  the  electors  thereof,  by 
general  ticket,  of  not  exceeding  four  judges,  who  shall  hold  the  circuit  courts  in  the 
circuit  for  which  they  shall  be  elected,  in  such  manner  as  may  be  provided  by 
law. 

§  16.  From  and  after  the  adoption  of  this  constitution,  judges  of  the  circuit 
courts  shall  receive  a  salary  of  $3,000  per  annum,  payable  quarterly,  until  other- 
wise provided  by  law.  And  after  their  salaries  shall  be  fixed  by  law.  they  shall  not 
be  increased  or  diminished  during  the  terms  for  which  said  judges  shall  be,  respec- 
tively, elected;  and  from  and  after  the  adoption  of  this  constitution,  no  judge  of  the 
supreme  or  circuit  court  shall  receive  any  other  compensation,  perquisite  or  benefit, 
in  any  form  whatsoever,  nor  perform  any  other  than  iudicial  duties  to  whicli  may 
belong  any  emoluments. 

§  17.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  circuit  or  any  inferior 
court,  or  to  membership  in  the  "board  of  county  commissioners,"  unless  he  shall  be 
at  least  25  years  of  age,  and  a  citizen  of  the  United  States,  nor  unless  he  shall  have 
resided  iu  this  State  five  years  next  preceding  his  election,  and  be  a  resident  of  the 
circuit,  county,  city,  cities,  or  incorporated  town  in  which  he  shall  be  elected. 

COUNTY  COURTS. 

5  18.  There  shall  be  elected  iu  and  for  each  county,  one  county  judge  and  one 
clerk  of  the  county  court,  whose  terms  of  office  shall  be  four  years.  But  the  general 
assembly  may  create  districts  of  two  or  more  contiguous  counties,  in  each  of  which 
shall  be  elected  one  judge,  who  shall  take  the  place  of,  and  exercise  the  powers  and 
jurisdiction  of  county  judges  in  such  districts.  County  courts  shall  be  courts  of 
record,  and  shall  have  original  jurisdiction  in  all  matters  of  probate;  settlement  of 
estates  of  deceased  persons;  appointment  of  guardians  and  conservators,  and  settle- 
ments of  their  accounts;  in  all  matters  relating  to  apprentices,  and  in  proceedings 
for  the  collection  of  taxes  and  assessments,  and  such  other  jurisdiction  as  may  be 
provided  for  by  general  law. 

5  19.  Appeals  and  writs  of  error  shall  be  allowed  from  final  determinations  of 
county  courts,  as  may  be  provided  by  law. 

PROBATE  COURTS. 

§  20.  The  general  assembly  may  provide  for  the  establishment  of  a  probate 
court  in  each  county  having  a  population  of  over  50,000,  and  for  the  election  of  a 
judge  thereof,  whose  term  of  office  shall  be  the  same  as  that  of  the  county  judge,  and 
who  shall  be  elected  at  the  same  time  and  in  the  same  manner.  Said  courts,  when 
established,  shall  have  original  jurisdiction  of  all  probate  matters,  the  settlement  of 
estates  of  deceased  persons,  the  appointment  of  guardians  and  conservators,  and 
settlement  of  their  accounts;  in  all  matters  relating  to  apprentices,  and  in  cases  of 
the  sales  of  real  estate  of  deceased  persons  for  the  payment  of  debts. 

JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 

§  21.  Justices  of  the  peace,  police  magistrates,  and  constables  shall  be  elected 
in  and  for  such  districts  as  are,  or  may  be,  provided  by  law,  and  the  jurisdiction  of 
such  justices  of  the  peace  and  police  magistrates  shall  be  uniform. 

STATE'S  ATTORNEYS. 

5  22.  At  the  election  for  members  of  the  general  assembly  in  the  year  of  our 
Lord  1872,  and  every  four  years  thereafter,  there  shall  be  elected  a  State's  attorney 
in  and  for  each  county,  in  lieu  of  the  State's  attorneys  now  provided  by  law,  whose 
term  of  office  shall  be  four  years. 


CONSTITUTION   OF  THE   STATE   OF  ILLINOIS.  81 

COURTS  OF  COOK  COUNTY. 

$  23.  Thecountyof  Cook  shall  be  one  judicial  circuit.  The  circuit  court  of  Cook 
coun  y  shall  consist  of  five  judges,  until  their  number  shall  be  increased,  as  herein 
provided.  The  present  judge  of  the  recorder's  court  of  the  city  of  Chicago,  and  the 
present  judge  of  the  circuit  court  of  Cook  county,  shall  be  two  of  said  judges,  and 
shall  remain  in  office  for  the  terms  for  which  they  were  respectively  elected,  and 
until  their  successors  shall  be  elected  and  qualified.  The  superior  court  of  Chicago 
shall  be  continued,  and  called  the  superior  court  of  Cook  county.  The  general 
assembly  may  increase  the  number  of  said  judges,  by  adding  one  to  either  of  said 
courts  for  every  additional  50,000  inhabitants  in  said  county  over  and  above  a  pop- 
ulation of  400.000.  The  terms  of  office  of  the  judges  of  said  courts  hereafter  elected 
shall  be  six  years. 

§  24.  The  judge  having  the  shortest  unexpired  term  shall  be  chief  justice  of  the 
court  of  which  lie  is  judge.  In  case  there  are  two  or  more  whose  terms  expire  at 
the  same  rime,  it  may  be  determined  by  lot  which  shall  be  chief  justice.  Any  judge 
of  either  of  said  courts  shall  have  all  the  powers  of  a  circuit  judge,  and  may  hold 
the  court  of  which  he  is  a  member.  Each  of  them  may  hold  a  different  branch 
thereof  at  the  same  time. 

§  25.  The  judges  of  the  superior  and  circuit  courts,  and  the  State's  attorney,  in 
said  county,  shall  receive  the  same  salaries,  payable  out  of  the  State  treasury,  as  is 
or  may  be  paid  from  said  treasury  to  the  circuit  judges  and  State's  attorneys  of  the 
State,  and  such  further  compensation,  to  be  paid  by  the  county  of  Cook,  as  is  or  may 
be  provided  by  law;  such  compensation  shall  not  be  changed  during  their  continu- 
ancejiii  office. 

§  26.  The  recorder's  court  of  the  city  of  Chicago  shall  be  continued,  and  shall 
be  called  the  "criminal  court  of  Cook  county."  It  shall  have  the  jurisdiction  of  a 
circuit  court,  in  all  cases  of  criminal  and  quasi  criminal  nature,  arising  in  the 
county  of  Cook,  or  that  may  be  brought  before  said  court  pursuant  to  law;  and  all 
recognizances  and  appeals  taken  in  said  county,  in  criminal  and  quasi  criminal 
cases,  shall  be  returnable  and  taken  to  said  court.  It  shall  have  no  jurisdiction  in 
civil  cases,  except  those  on  behalf  of  the  people,  and  incident  to  such  criminal  or 
gu*i*i  criminal  matters,  and  to  dispose  of  unfinished  business.  The  terms  of  said 
criminal  court  of  Cook  county  shall  be  held  by  one  or  more  of  the  judges  of  the 
circuit  or  superior  court  of  Cook  county,  as  nearly  as  may  be  in  alternation,  as  may 
be  determined  by  said  judges,  or  provided  by  law.  Said  judges  shall  be  ea>offlcio 
judges  of  said  court. 

§  27.  The  present  clerk  of  the  recorder's  court  of  the  city  of  Chicago  shall  be 
the  clerk  of  the  criminal  court  of  Cook  county  during  the  term  for  which  he  was 
elected.  The  present  clerks  of  the  superior  court  of  Chicago,  and  the  present  clerk  of 
the  circuit  court  of  Cook  county,  shall  continue  in  office  during  the  terms  for  which 
they  were  respectively  elected;  and  thereafter  there  shall  be  but  one  clerk  of  the 
superior  court,  to  be  elected  by  the  qualified  electors  of  said  county,  who  shall  hold 
his  office  for  the  term  of  four  years,  and  until  his  successor  is  elected  and  qualified. 

§  28.  All  justices  of  the  peace  in  the  city  of  Chicago  shall  be  appointed  by  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate,  (but  only  upon  the 
recommendation  of  a  majority  of  the  judges  of  the  circuit,  superior  and  county 
courts, )  and  for  such  districts  as  are  now  or  shall  hereafter  be  provided  by  law. 
They  shall  hold  their  offices  for  four  years,  and  until  their  successors  have  been 
commissioned  and  qualified,  but  they  may  be  removed  by  summary  proceedings  in 
the  circuit  or  superior  court,  for  extortion  or  other  malfeasance.  Existing  justices 
of  the  peace  and  police  magistrates  may  hold  their  offices  until  the  expiration  of 
their  respective  terms. 

GENERAL  PROVISIONS. 

§  29.  All  judicial  officers  shall  be  commissioned  by  the  governor.  All  laws  re- 
lating to  courts  shall  be  general,  and  of  uniform  operation;  and  the  organization, 
jurisdiction,  powers,  proceedings  and  practice  of  all  courts,  of  the  same  class  or 

F 


82  CRAWFORD'S  CIVIL  GOVERNMENT. 


grade,  so  far  as  regulated  by  law,  and  the  force  and  effect  of  the  process,  judgments 
and  decrees  of  such  courts,  severally,  shall  be  uniform. 

{  30.  The  general  assembly  may,  for  cause  entered  on  the  journals,  upon  due 
notice  and  opportunity  of  defense,  remove  from  office  any  judge,  upon  concurrence 
of  three-fourths  of  all  the  members  elected  of  each  house.  All  other  officers  in  this 
article  mentioned  shall  be  removed  from  office,  on  prosecution  and  final  conviction, 
for  misdemeanor  in  office. 

531.  All  judges  of  courts  of  record,  inferior  to  the  supreme  court,  shall,  on  or 
before  the  first  day  of  June  of  each  year,  report  in  writing  to  the  judges  of  the 
supreme  court,  such  defects  and  omissions  in  the  laws  as  their  experience  may 
suggest;  and  the  judges  of  the  supreme  court  shall,  on  or  before  the  first  day  of 
January  of  each  year,  report  in  writing  to  the  governor  such  defects  and  omissions 
in  the  constitution  and  laws  as  they  may  find  to  exist,  together  with  appropriate 
forms  of  bills  to  cure  such  defects  and  omissions  in  the  laws.  And  the  judges  of 
the  several  circuit  courts  shall  report  to  the  next  general  assembly  the  number  of 
days  they  have  held  court  in  the  several  counties  composing  their  respective  cir- 
cuits the  preceding  two  years. 

§  32.  AH  officers  provided  for  in  this  article  shall  hold  their  offices  until  their 
successors  shall  be  qualified,  and  they  shall,  respectively,  reside  in  the  division, 
circuit,  county  or  district  for  which  they  maj  be  elected  or  appointed.  The  terms 
of  office  of  all  such  officers,  where  not  otherwise  prescribed  in  this  article,  shall  be 
four  years.  All  officers,  where  not  otherwise  provided  for  in  this  article,  shall 
perform  such  duties  and  receive  such  compensation  as  is  or  maybe  provided  by 
law.  Vacancies  in  sucli  elective  offices  shall  be  filled  by  election;  but  where  the 
unexpired  term  does  not  exceed  one  year,  the  vacancy  shall  be  filled  by  appoint- 
ment, as  follows:  Of  judges,  by  the  governor:  of  clerks  of  courts,  by  the  court  to 
which  the  office  appertains,  or  by  the  judge  or  judges  thereof;  and  of  all  such 
other  offices,  by  the  board  of  supervisors  or  board  of  county  commissioners  In  the 
county  where  the  vacancy  occurs. 

5  33.  All  process  shall  run:  In  the  name  r>f  the  People  nf  the  State  of  Illinois; 
and  all  prosecutions  shall  be  carried  on:  In  the  name  and  by  the  a  ttharity  of  the 
Peopleof  th^Stiteof  Illinois;  and  conclude:  Against  the  peace  and  dignity  of  the 
same  "  Population,"  wherever  used  in  this  article,  shall  be  determined  by  the 
next  preceding  census  of  this  State,  or  of  the  United  States. 

AKTICLE  VII.— SUFFRAGE. 

§  1.  Every  person  having  resided  in  this  State  one  year,  in  the  county  ninety 
days,  and  in  the  election  district  thirty  days  next  preceding  any  ele-ction  therein, 
who  was  an  elector  in  this  State  on  the  first  day  of  April,  in  the  year  of  our  Lord 
1848,  or  obtained  a  certificate  of  naturalization  before  any  court  of  record  in  this 
State  prior  to  the  first  day  of  January,  in  the  year  of  our  Lord  1870,  or  who  shall  be 
male  citizen  of  the  United  States,  above  the  age  of  twenty-one  years,  shall  be 
entitled  to  vote  at  such  election. 

5  2.    All  votes  shall  be  by  ballot. 

§  3.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach  of  the  peace, 
be  privileged  from  arrest  during  their  attendance  at  elections,  and  in  going  to  and 
returning  from  the  same.  And  no  elector  shall  be  obliged  to  do  military  duty  on 
the  days  of  election,  except  in  time  of  war  or  public  danger. 

§  4.  No  elector  shall  be  deemed  to  have  lost  his  residence  in  this  State  by  reason 
of  his  absence  on  business  of  the  United  States,  or  of  this  State,  or  in  the  military 
or  naval  service  of  the  United  States. 

§  5.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the  United  States 
shall  be  deemed  a  resident  of  this  State  in  consequence  of  being  stationed  therein. 

5  6.  No  person  shall  be  elected  or  appointed  to  any  office  in  this  State,  civil  or 
military,  who  is  not  a  citizen  of  the  United  States,  and  who  shall  not  have  resided 
in  this  State  one  year  next  preceding  the  election  or  appointment. 


CONSTITUTION   OF   THE    STATE    OF   ILLINOIS.  S3 


§  7.  The  general  assembly  shall  pass  laws  excluding  from  the  right  of  suffrage 
persons  convicted  of  infamous  crimes. 

ARTICLE  VIII.-EDUCATION. 

§  1.  The  general  assembly  shall  provide  a  thorough  and  efficient  system  of  free 
schools,  whereby  all  children  of  this  State  may  receive  a  good  common-school 
education. 

§  a.  All  lands,  moneys,  or  other  property,  donated,  granted,  or  received,  for 
school,  college,  seminary  or  university  purposes,  and  theprocee  .s  thereof,  shall  be 
faithfully  applied  to  the  objects  for  which  such  grants  were  ir.ade. 

§  3.  Neither  the  general  assembly,  nor  any  county,  city,  town,  township, 
school  district,  or  other  public  corporation,  shall  ever  make  any  appropriation  or 
pay  from  any  public  fund,  whatever,  anything  in  aid  of  any  church  or  sectarian 
purpose,  or  to  help  support  or  sustain  any  school,  academy,  seminary,  college,  uni- 
versity, or  other  literary  or  scientific  institution,  controlled  by  any  church  or  sec- 
tarian denomination  whatever;  nor  shall  any  grant  or  donation  of  land,  money,  or 
other  personal  property  ever  be  made  by  the  State  or  any  such  public  corporation, 
to  any  church,  or  for  any  sectarian  purpose. 

§  4.  No  teacher,  State,  county,  township,  or  district  school  officer  shall  be  in- 
terested in  the  sale,  proceeds  or  profits  of  any  book,  apparatus  or  furniture,  used 
or  to  be  used,  in  any  school  in  this  State,  with  which  such  officer  or  teacher  may  be 
connected,  under  such  penalties  as  may  be  provided  by  the  general  assembly. 

5  5.  There  maybe  a  county  superintendent  of  schools  in  each  county,  whose 
qualifications,  powers,  duties,  compensation,  and  time  and  manner  of  election,  and 
term  of  office,  shall  be  prescribed  by  law. 


ARTICLE  IX. -REVENUE. 

§  1.  The  general  assembly  shall  provide  such  revenue  as  may  be  needful  by 
levying  a  tax,  by  valuation,  so  that  every  person  and  corporation  shall  pay  a  tax  in 
proportion  to  the  value  of  his,  her  or  its  property— such  value  to  be  ascertained  by 
some  person  or  persons,  to  be  elected  or  appointed  in  such  manner  as  the  general 
assembly  shall  direct,  and  not  otherwise;  but  the  general  assembly  shall  have 
power  to  tax  peddlers,  auctioneers,  brokers,  hawkers,  merchants,  commission  mer- 
chants, showmen,  jugglers,  inn-keepers,  grocery  keepers,  liquor  dealers,  toll 
bridges,  ferries,  insurance,  telegraph  and  express  interests  or  business,  venders  of 
patents,  and  persons  or  corporations  owning  or  using  franchises  and  privileges,  in 
such  manner  as  it  shall  from  time  to  time  diiect  by  general  law,  uniform  as  to  the 
class  upon  which  it  operates. 

5  2.  The  specification  of  the  objects  and  subjects  of  taxation  shall  not  deprive 
the  general  assembly  of  the  power  to  require  other  subjects  or  objects  to  be  taxed 
in  such  manner  as  may  be  consistent  with  the  principles  of  taxation  fixed  in  this 
constitution. 

5  3.  The  property  of  the  State,  counties,  and  other  municipal  corporations, 
both  real  and  personal,  and  such  other  property  as  maybe  used  exclusively  for 
agricultural  and  horticultural  societies,  for  school,  religious,  cemetery  and  charit- 
able purposes,  may  be  exempted  from  taxation;  but  such  exemption  shall  be  only 
by  general  law.  In  the  assessment  of  real  estate  incumbered  by  public  easement, 
any  depreciation  occasioned  by  such  easement  may  be  deducted  in  the  valuation  of 
such  property. 

5  4.  The  general  assembly  shall  provide,  in  all  cases  where  it  may  be  necessary 
to  sell  real  estate  for  the  non-payment  of  taxes  or  special  assessments  for  State, 
county,  municipal  or  other  purposes,  that  a  return  of  such  unpaid  taxes  or  assess- 
in  nisshi'l  be  Iliads  to  some  general  officer  of  the  county  having  authority  to  re- 
eejve  State  and  county  taxes;  and  there  shall  be  no  sale  of  said  pron«rt"  fn-  tuy  of 


84:  CRAWFORD'S  CIVIL  GOVERNMENT. 

said  taxes  or  assessments  but  by  said  officer,  upon  the  order  or  judgment  of  some 
court  of  record. 

§  5.  The  right  of  redemption  from  all  sales  of  real  estate  for  the  non-payment 
of  taxes  or  special  assessments  of  any  character  whatever,  shall  exist  in  favor  of 
owners  and  persons  interested  in  such  real  estate  for  a  period  of  not  less  than  two 
years  from  such  sales  thereof.  And  the  general  assembly  shall  provide  by  law  for 
reasonable  notice  to  be  given  to  the  owners  or  parties  interested,  by  publication  or 
otherwise,  of  the  fact  of  the  sale  of  the  property  for  such  taxes  or  assessments,  and 
when  the  time  of  redemption  shall  expire:  Provided,  that  occupants  shall  in  all 
cases  be  served  with  personal  notice  before  the  time  of  redemption  expires. 

$  6.  The  general  assembly  shall  have  no  power  to  release  or  discharge  any 
county,  city,  or  township,  town  or  district  whatever,  or  the  inhabitants  thereof,  or 
the  property  therein,  from  their  or  its  proportionate  share  of  taxes  to  be  levied  for 
State  purposes,  nor  shall  commutation  for  such  taxes  be  authorized  in  any  form 
Whatsoever. 

5  7.    All  taxes  levied  for  State  purposes  shall  be  paid  into  the  State  treasury. 

§  8.  County  authorities  shall  never  assess  taxes,  the  aggregate  of  which  shall 
exceed  75  cents  per  $100  valuation  except  for  the  payment  of  indebtedness  existing 
at  the  adoption  of  this  constitution,  unless  authorized  by  a  vote  of  the  people  of  the 
county. 

§  9.  The  general  assembly  may  vest  the  corporate  authorities  of  cities,  towns 
and  villages  with  power  to  make  local  improvements  by  special  assessment  or  by 
special  taxation  of  contiguous  property,  or  otherwise.  For  all  other  corporate  pur- 
poses, all  municipal  corporations  may  be  vested  with  authority  to  assess  and  collect 
taxes,  but  such  taxes  shall  be  uniform  in  respect  to  persons  and  property  within  the 
jurisdiction  of  the  body  imposing  the  same. 

§  10.  The  general  assembly  shall  not  impose  taxes  upon  municipal  corpora- 
tions, or  the  inhabitants  or  property  thereof,  for  corporate  purposes,  but  shall  re- 
quire that  all  the  taxable  property  within  the  limits  of  municipal  corporations  shall 
be  taxed  for  the  payment  of  debts  contracted  under  authority  of  law,  such  taxes  to 
be  uniform  in  respect  to  persons  and  property  within  the  jurisdiction  of  the  body 
Imposing  the  same.  Private  property  shall  not  be  liable  to  be  taken  or  sold  for  the 
payment  of  the  corporate  debts  of  a  municipal  corporation. 

§  11.  No  person  who  is  in  default,  as  collector  or  custodian  of  money  or  proper- 
ty belonging  to  a  municipal  corporation  shall  be  eligible  to  any  office  in  or  under 
such  corporation.  The  fees,  salary  or  compensation  of  no  municipal  officer  who  is 
elected  or  appointed  for  a  definite  term  of  office  shall  be  increased  or  diminished 
during  such  term. 

§  12.  No  county,  city,  township,  school  district,  or  othei  municipal  corporation 
shall  be  allowed  to  become  indebted  in  any  manner  or  for  any  purpose  to  an  amount. 
Including  existing  indebtedness,  in  the  aggregate  exceeding  five  per  centum  on  the 
value  of  the  taxable  property  therein,  to  be  ascertained  by  the  last  assessment  for 
State  and  county  taxes  previous  to  the  incurring  of  such  indebtedness.  Any  county, 
city,  school  district,  or  other  municipal  corporation,  incurring  any  indebtedness  as 
aforesaid,  shall,  before,  or  at  the  time  of  doing  so,  provide  for  the  collection  of  a  di- 
rect annual  tax  sufficient  to  pay  the  interest  on  such  debt  as  it  falls  due,  and  also  to 
pay  and  discharge  the  principal  thereof  within  twenty  years  from  the  time  of  con- 
tracting the  same.  This  section  shall  not  be  construed  to  prevent  any  county,  city, 
t  iwnship,  school  district,  or  other  municipal  corporation  from  issuing  their  bonds 
in  compliance  with  any  vote  of  the  people  which  may  have  been  had  prior  to  the 
adoption  of  this  constitution  in  pursuance  of  any  law  providing  therefor. 

ARTICLE  X-COUNTIES. 

§  1.  No  new  county  shall  be  formed  or  established  by  the  general  assembly, 
which  will  reduce  the  county  or  counties,  or  either  of  them,  from  which  it  shall  be 
taken,  to  less  contents  than  400  square  miles;  nor  shall  any  county  be  formed  of  less 


CONSTITUTION   OF   THE   STATE    OF   ILLINOIS.  85 

contents:  nor  shall  any  line  thereof  pass  within  less  than  ten  miles  of  any  county 
seat  of  the  county  or  counties  proposed  to  be  divided. 

{  2.  No  county  shall  be  divided,  or  have  any  part  stricken  therefrom,  without 
submitting  the  question  to  a  vote  of  the  people  of  the  county,  nor  unless  a  majority 
of  all  the  legal  voters  of  the  county  voting  on  the  question  shall  vote  for  the  same. 

5  3.  There  shall  be  no  territory  stricken  from  any  county,  unless  a  majority  of 
the  voters  living  in  such  territory  shall  petition  for  such  division ;  and  no  territory 
shall  be  added  to  any  county  without  the  consent  of  the  majority  of  the  voters  of  the 
county  to  which  it  is  proposed  to  be  added.  But  t!ie  portion  so  stricken  off  and  add- 
ed to  another  county,  or  formed  in  whole  or  in  part  into  a  new  county,  shall  be  hold- 
en  for,  and  obliged  to  pay,  its  proportion  of  the  indebtedness  of  the  county  from 
which  it  has  been  taken. 

COUNTY  SEATS. 

§  4.  No  county  seat  shall  be  removed  until  the  point  to  which  It  is  proposed  to 
be  removed  shall  be  fixed  in  pursuance  of  law,  and  three-fifths  of  the  voters  of  the 
county,  to  be  ascertained  in  such  manner  as  shall  be  provided  by  general  law,  shall 
have  voted  in  favor  of  its  removal  to  such  point;  and  no  person  shall  vote  on  such 
question  who  has  not  resided  in  the  county  six  months,  and  in  the  election  precinct 
ninety  days  next  preceding  such  election.  The  question  ol  the  removal  of  a  county 
seat  shall  not  be  oftener  submitted  than  once  in  ten  years  to  a  vote  of  the  people. 
But  when  an  attempt  is  made  to  remove  a  county  seat  to  a  point  nearer  to  the  centre 
of  a  county,  then  a  majority  vote  only  shall  be  necessary. 

COUNTY    GOVERNMENT. 

5  5.  The  general  assembly  shall  provide,  by  general  law,  for  township  organiz- 
ation, under  which  any  county  may  organize  whenever  a  majority  of  the  legal  vot- 
ers of  such  county,  voting  at  any  general  election,  shall  so  determine  and  whenever 
any  county  shall  adopt  township  organization,  so  much  of  this  constitution  as  pro- 
vides for  the  management  of  the  fiscal  concerns  of  the  said  county  by  the  board  of 
county  commissioners,  may  be  dispensed  with,  and  the  affairs  of  said  county  may 
be  transacted  in  such  a  manner  as  the  general  assembly  may  provide.  And  in  any 
county  that  shall  have  adopted  a  township  organization,  the  question  of  continuing 
the  same  may  be  submitted  to  a  vote  of  the  electors  of  such  county  at  a  general 
election,  in  the  manner  that  now  is  or  may  be  provided  by  law;  and  if  a  majority  of 
all  the  votes  cast  upon  that  question  shall  be  against  township  organization,  then 
such  organization  shall  cease  in  said  county;  and  all  laws  in  force  in  relation  to 
counties  not  having  township  organization  shall  immediately  take  effect  and  be  in 
force  in  such  county.  No  two  townships  shall  have  the  same  name,  and  the  day  of 
holding  the  annual  township  meeting  shall  be  uniform  throughout  the  State. 

§  (5.  At  the  first  election  of  county  judges  under  this  constitution,  there  shall  be 
elected  in  each  of  the  counties  in  this  State,  not  under  township  organization,  three 
officers,  who  shall  be  styled  "  The  Board  of  County  Commissioners,"  who  shall  hold 
sessions  lor  the  transaction  of  county  business  as  shall  be  provided  by  law.  One  of 
said  commissioners  shall  hold  his  office  for  one  year,  one  for  two  years,  and  one  for 
three  years,  to  be  determined  by  lot;  and  every  year  thereafter  one  such  officer  shall 
be  elected  in  each  of  said  counties  for  the  term  of  three  years. 

5  7.  The  county  affairs  of  Cook  county  shall  be  managed  by  a  board  of  commis- 
sioners of  fifteen  persons,  ten  of  whom  shall  be  elected  from  the  city  of  Chicago 
and  five  from  towns  outside  of  said  city,  in  such  manner  as  may  be  provided  by  law 

COUNTY  OFFICERS  AND  THEIR  COMPENSATION. 

*  §  8.  In  each  county  there  shall  be  elected  the  following  county  officers,  at  the 
general  election  to  be  held  on  the  Tuesday  after  the  first  Monday  in  November  A.D. 
1882:  A  county  judge,  county  clerk,  sheriff  and  treasurer;  and  at  the  election  to  be 
held  on  the  Tuesday  after  the  tirst  Monday  in  November  A.D.  1884,  a  coroner  and 

*  NOTE.— Sec.  8  is  an  amendment  adopted  Nov.  2,  1880. 


86  CRAWFORD'S  CIVIL  GOVERNMENT. 


clerk  of  thecircuit  court  (who  may  be  ex-nfficio  recorder  of  deeds,  except  in  coun- 
ties having  60,000  or  more  inhabitants,  in  which  counties  a  recorder  of  deeds  shall 
be  elected  at  the  general  election  in  1884).  Each  of  said  officers  shall  enter  upon 
the  duties  of  his  office  respectively  on  the  first  Monday  of  December  after  his  elec- 
tion, and  they  shall  hold  their  respective  offices  for  the  term  of  four  years  and  until 
their  successors  are  elected  and  qualified;  Provided,  That  no  person  having  once 
been  elected  to  the  office  of  sheriff  or  treasurer,  shall  be  eligible  to  re-election  to  said 
office  for  four  years  after  the  expiration  of  the  term  for  which  he  shall  have  been 
elected. 

§  9.  The  clerks  of  all  the  courts  of  record,  the  treasurer,  sheriff,  coroner  and 
recorder  of  deeds  of  Cook  county,  shall  receive  as  their  only  compensation  for  their 
services,  salaries  to  be  fixed  by  law,  which  shall  in  no  case  be  as  much  as  the  lawful 
compensation  of  a  judge  of  the  circuit  court  of  said  county,  and  shall  be  paid 
respectively,  only  out  of  the  fees  of  the  office  actually  collected.  All  fees,  perqui- 
sites, and  emoluments  (above  the  amount  of  said  salaries)  shall  be  paid  into  the 
county  treasury.  The  number  of  the  deputies  and  assistants  of  such  officers  shall  be 
determined  by  rule  of  the  circuit  court,  to  be  entered  of  record,  and  their  compen- 
sation shall  be  determined  by  the  county  board. 

§  10.  The  county  board,  except  as  pro-vided  in  §  9  of  this  article,  shall  fix  the 
compensation  of  all  county  officers,  with  the  amount  of  their  necessary  clerk  hire, 
stationery,  fuel,  and  other  expenses,  and  in  all  cases  where  fees  are  provided  for, 
said  compensation  shall  be  paid  only  out  of,  and  shall  in  no  instance  exceed,  the 
fees  actually  collected;  they  shall  not  allow  either  of  them  more  per  annum  than 
81,500  in  counties  not  exceeding  20,000  inhabitants;  82,000  in  counties  containing 
20,000  and  not  exceeding  30,000  inhabitants;  $2,500  in  counties  containing  30,000 
and  not  exceeding  50,000  inhabitants;  $3,000  in  counties  containing  50,000  and  not 
exceeding  70,000  inhabitants;  $3,500  in  counties  containing  70,000  and  not  exceed- 
ing 100,000  inhabitants;  and  $4,000  in  counties  containing  over  100,000  and  not 
exceeding  250,000  inhabitants;  and  not  more  than  $1,000  additional  compensation 
for  each  additional  100,000  inhabitants:  Provided,  that  the  compensation  of  no 
officer  shall  be  increased  or  diminished  during  his  term  of  office.  All  fees  or  allow- 
ances by  them  received,  in  excess  of  their  said  compensation,  shall  be  paid  into  the 
county  treasury. 

§  11.  The  fees  of  township  officers,  and  of  each  class  of  county  officers,  shall  be 
uniform  In  the  class  of  counties  to  which  they  respectively  belong.  The  compensa- 
tion herein  provided  for  shall  apply  only  to  officers  hereafter  elected,  but  all  fees 
established  by  special  laws  shall  cease  at  the  adoption  of  this  constitution,  and  such 
officers  shall  receive  only  such  fees  as  are  provided  by  general  law. 

§  12.  All  laws  fixing  the  fees  of  State,  county  and  township  officers,  shall 
terminate  witli  the  terms,  respectively,  of  those  who  may  be  in  office  at  the  meeting 
of  the  first  general  assembly  after  the  adoption  of  this  constitution;  and  the  gen- 
eral assembly  shall,  by  general  law,  uniform  in  its  operation,  provide  for  and  regu- 
late the  fees  of  said  officers  and  their  successors,  so  as  to  reduce  the  same  to  a  rea- 
sonable compensation  for  services  actually  rendered.  But  the  general  assembly 
may,  by  general  law,  classify  the  counties  by  population  into  not  more  than  three 
classes,  and  regulate  the  fees  accorning  to  class.  This  article  shall  not  be  construed 
as  depriving  the  general  assembly  of  the  power  to  reduce  the  fees  of  existing 
officers. 

§  13.  Every  person  who  is  elected  or  appointed  to  any  office  in  this  State,  who 
shall  be  paid  In  whole  or  in  part  by  fees,  shall  be  required  by  law  to  make  a  semi- 
annual report,  under  oath,  to  some  officer  to  be  designated  by  law,  of  all  his  fees  and 
emoluments. 

ARTICLE  XI.-CORPORATIONS. 

§  1.  No  corporation  shall  be  created  by  special  laws,  or  its  charter  extended, 
Changed  or  amended,  except  those  for  charitable,  educational,  penal,  or  reforma- 
tory purposes,  which  are  to  be  and  remain  under  the  patronage  and  control  of  the 


CONSTITUTION   OF   THE    STATE   OF   ILLINOIS.  87 

State,  but  the  general  assembly  shall  provide,  by  general  laws,  for  the  organization 
of  all  corporations  hereafter  to  be  created. 

5  2.  All  existing  charters  or  grants  of  special  or  exclusive  privileges,  under 
which  organization  shall  not  have  taken  place,  or  which  shall  riot  have  been  in  op- 
eration within  ten  days  from  the  time  this  constitution  takes  effect,  shall  thereafter 
have  no  validity  or  effect  whatever. 

{  3.  The  general  assembly  shall  provide,  by  law,  that  in  all  elections  for  direct- 
ors or  managers  of  incorporated  companies,  every  stockholder  shall  have  the  right 
to  vote,  in  person  or  by  proxy,  for  the  number  of  shares  of  stock  owned  by  him,  for 
as  many  persons  as  there  are  directors  or  managers  to  be  elected,  or  to  cumulate 
said  shares,  and  give  one  candidate  as  many  votes  as  the  number  of  directors  multi- 
plied by  the  number  of  his  shares  of  stock  shall  equal,  or  to  distribute  them  on  the 
same  principle  among  as  many  candidates  as  he  shall  think  fit;  and  such  directors 
or  managers  shall  not  be  elected  in  any  other  manner. 

§  4.  No  law  shall  be  passed  by  the  general  assembly  granting  the  right  to  con- 
struct and  operate  a  street  railroad  within  any  city,  town,  or  incorporated  village, 
without  requiring  the  consent  of  the  local  authorities  having  the  control  of  the 
street  or  highway  proposed  to  be  occupied  by  such  street  railroad. 

BANKS. 

5  5.  No  State  bank  shall  hereafter  be  created,  nor  shall  the  State  own  or  be 
liable  for  any  stock  in  any  corporation  or  joint  stock  company  or  association  for 
banking  purposes,  now  created,  or  to  be  hereafter  created.  No  act  of  the  general 
assembly  authorizing  or  creating  corporations  or  associations,  with  banking  pow- 
ers, whether  of  issue,  deposit  or  discount,  nor  amendments  thereto,  shall  go  into 
effect,  or  in  any  manner  be  in  force,  unless  the  same  shall  be  submitted  to  a  vote  of 
the  people  at  the  general  election  next  succeeding  the  passage  of  the  same,  and 
be  approved  by  a  majority  of  all  the  votes  cast  at  such  election  for  or  against  such 
law. 

5  6.  Every  stockholder  in  a  banking  corporation  or  institution  shall  be  individ- 
ually responsible  and  liable  to  its  creditors,  over  and  above  the  amount  of  stock  by 
him  or  her  held,  to  an  amount  equal  to  his  or  her  respective  shares  so  held,  for  all 
its  liabilities  accruing  while  he  or  she  remains  such  stockholder. 

§  7.  The  suspension  of  specie  payments  by  banking  institutions,  on  their  circu- 
lation, created  by  the  laws  of  this  State,  shall  never  be  (permitted  or  sanctioned. 
Every  banking  association  now,  or  which  may  hereafter  be,  organized  under  the 
laws  of  this  State,  shall  make  and  publish  a  full  and  accurate  quarterly  statement 
of  its  affairs  (which  shall  be  certified  to,  under  oath,  by  one  or  more  of  its  officers) 
as  may  be  provided  by  law. 

5  8.  If  a  general  banking  law  shall  be  enacted,  it  shall  provide  for  the  registry 
and  countersigning,  by  an  officer  of  state,  of  all  bills  or  paper  credit,  designed  to 
circulate  as  moneys,  and  require  security,  to  the  full  amount  thereof,  to  be  deposited 
with  the  State  treasurer,  in  United  States  or  Illinois  State  stocks,  to  be  rated  at  ten 
per  cent,  below  their  par  value;  and  in  case  of  a  depreciation  of  said  stocks  to  the 
amount  of  ten  percent,  below  par,  the  bank  or  banks  owning  said  stocks  shall  be 
required  to  make  up  said  deficiency  by  depositing  additional  stocks.  And  said  law 
shall  also  provide  for  the  recording  of  the  names  of  all  stockholders  in  such  corpo- 
rations, the  amount  of  stock  held  by  each,  the  time  of  any  transfer  thereof,  and  to 
whom  such  transfer  is  made. 

RAILROADS. 

§  9.  Every  railroad  corporation  organized  or  doing  business  in  this  State,  under 
the  laws  or  authority  thereof  shall  have  and  maintain  a  public  office  or  place  in  this 
State  for  the  transaction  of  its  business,  where  transfers  of  stock  shall  be  made, 
and  in  which  shall  be  kept,  for  public  inspection,  books,  in  which  shall  be  recorded 
the  amount  of  capital  stock  subscribed,  and  by  whom;  the  names  of  the  owners  of 
its  stock,  and  the  amounts  owned  by  them,  respectively;  the  amount  of  stock  paid 


88  CRAWFORD'S  CIVIL  GOVERNMENT. 

in,  and  by  whom;  the  transfers  of  said  stock;  the  amount  of  its  assets  and  liabilities, 
and  the  names  and  place  of  residence  of  its  officers.  The  directors  of  every  railroad 
corporation  shall,  annually,  make  a  report,  under  oath,  to  the  auditor  of  public  ac- 
counts, or  some  officer  to  be  designated  by  law,  of  all  their  acts  and  doings,  which 
report  shall  include  such  matters  relating  to  railroads  as  may  be  prescribed  by  law. 
And  the  general  assembly  shall  pass  laws  enforcing,  by  suitable  penalties,  the  pro- 
visions of  this  section. 

§  10.  The  rolling  stock,  and  all  other  movable  property  belonging  to  any  rail- 
road company  or  corporation  in  this  State,  shall  be  considered  personal  property, 
and  shall  be  liable  to  execution  and  sale  in  the  same  manner  as  the  personal  prop- 
erty of  individuals,  and  the  general  assembly  shall  pass  no  law  exempting  any  such 
property  from  execution  and  sale. 

§  11.  No  railroad  corporation  shall  consolidate  its  stock,  property  or  franchises 
with  any  other  railroad  corporation  owning  a  parallel  or  competing  line;  and  in  no 
case  shall  any  consolidation  take  place  except  upon  public  notice  given,  of  at  least 
sixty  days,  to  all  stockholders,  in  such  manner  as  may  be  provided  by  law.  A  ma- 
jority of  the  directors  of  any  railroad  corporation,  now  incorporated  or  hereafter 
to  be  incorporated  by  the  laws  of  this  State,  shall  be  citizens  and  residents  of  this 
State. 

§  12.  Railways  heretofore  constructed,  or  that  may  hereafter  be  constructed  in 
this  State,  are  hereby  declared  public  highways,  and  shall  be  free  to  all  persons  for 
the  transportation  of  their  persons  and  property  thereon,  under  such  regulations  as 
may  be  prescribed  by  law.  And  the  general  assembly  shall,  from  time  to  time,  pass 
laws  establishing  reasonable  maximum  rates  of  charges  for  the  transportation  of 
passengers  and  freight  on  the  different  railroads  in  this  State. 

§  13.  No  railroad  corporation  shall  issue  any  stock  or  bonds,  except  for  money, 
labor  or  property  actually  received,  and  applied  to  the  purposes  for  which  such  cor- 
poration was  created;  and  all  stock  dividends,  and  other  fictitious  increase  of  the 
capital  stock  or  indebtedness  of  any  such  corporation,  shall  be  void.  The  capital 
stock  of  no  railroad  corporation  shall  be  increased  for  any  purpose,  except  upon 
giving  sixty  days'  public  notice,  in  such  manner  as  may  be  provided  by  law. 

§  14.  The  exercise  of  the  power,  and  the  right  of  eminent  domain  shall  never  be 
so  construed  or  abridged  as  to  prevent  the  taking  by  the  general  assembly,  of  the 
property  and  franchises  of  incorporated  companies  already  organized,  and  subject- 
ing them  to  the  public  necessity  the  same  as  of  individuals.  The  right  of  trial  by 
jury  shall  be  held  inviolate  in  all  trials  of  claims  for  compensation,  when,  in  the.  ex- 
ercise of  the  said  right  of  eminent  domain,  any  incorporated  company  shall  be  in- 
terested either  for  or  against  the  exercise  of  said  right. 

§  15,  The  general  assembly  shall  pass  laws  to  correct  abuses  and  prevent  unjust 
discrimination  and  extortion  in  the  rates  of  freight  and  passenger  tariffs  on  the 
different  railroads  in  this  State,  and  enforce  such  laws,  by  adequate  penalties,  to 
the  extent,  if  necessary  for  that  purpose,  of  forfeiture  of  their  property  and  fran- 
chises. 

ARTICLE  XII.-MILITIA. 

§  1.  The  militia  of  the  State  of  Illinois  shall  consist  of  all  able-bodied  male 
persons,  resident  in  the  State,  between  the  ages  of  eighteen  and  forty-five,  except 
such  persons  as  now  are.  or  hereafter  may  be,  exempted  by  the  laws  of  the  United 
.states,  or  of  this  State. 

§  2.  The  general  assembly,  in  providing  for  the  organization,  equipment  and 
discipline  of  the  militia,  snail  conform  as  nearly  as  practicable  to  the  regulations  for 
the  government  of  tlie  armies  of  the  United  States. 

§  3.  All  militia  officers  shall  be  commissioned  by  the  governor,  and  may  hold 
their  commissions  for  such  time  as  the  general  assembly  may  provide. 

§  4.  The  militia  shall,  in  all  cases,  except  treason,  felony  or  breach  of  the  peace, 
be  privileged  from  arrest  during  their  attendance  at  musters  aiid  elections,  and  in 
going  to  and  returning  from  the  same. 


CONSTITUTION   OF   THE    STATE    OF   ILLINOIS.  89 

5  5.  The  military  records,  banners  and  relics  of  the  State  shall  be  preserved  as 
an  enduring  memorial  of  the  patriotism  and  valor  of  Illinois,  and  ic  shall  be  the 
duty  of  the  general  assembly  to  provide  by  law  for  the  safe  keeping  of  the  same. 

5  ti.  No  person  having  conscientious  scruples  against  bearing  arms  shall  be 
compelled  to  do  military  duty  in  time  of  peace:  Provided,  such  person  shall  pay  an 
equivalent  for  such  exemption. 

ARTICLE  XIII.— WAREHOUSES. 

§  1.  All  elevators  or  storehouses  where  grain  or  other  property  is  stored  for 
compensation,  whether  the  property  stored  be  kept  separate  or  not,  are  declared  to 
be  public  warehouses. 

§  2.  The  owner,  lessee  or  manager  of  each  and  every  public  warehouse  situated 
In  any  town  or  city  of  not  less  than  100,000  inhabitants,  shall  make  weekly  state- 
ments, under  oath,  before  some  officer  to  be  designated  by  law,  and  keep  the  same 
posted  in  some  conspicuous  place  in  tlie  office  of  such  warehouse,  and  shall  also  file 
a  copy  for  public  examination  in  such  place  as  shall  be  designated  by  law,  which 
statement  shall  correctly  set  forth  the  amount  and  grade  of  each  and  every  kind  of 
grain  in  such  warehouse, together  with  such  other  property  as  may  be  stored  therein, 
and  what  warehouse  receipts  have  been  issued,  and  are,  at  the  time  of  making  such 
statement,  outstanding  therefor;  and  shall,  on  the  copy  posted  in  the  warehouse, 
note  daily  such  changes  as  may  be  made  in  the  quantity  and  grade  of  grain  in  such 
warehouse;  and  the  diiferent  grades  of  grain  shipped  in  separate  lots  shall  not  be 
mixed  with  inferior  or  superior  grades  without  the  consent  of  the  owner  or  con- 
signee thereof. 

§  3.  The  owners  of  property  stored  in  any  warehouse,  or  holder  of  a  receipt  for 
same,  shall  always  be  at  liberty  to  examine  such  property  stored,  and  all  the  books 
and  records  of  the  warehouse  in  regard  to  such  property. 

5  4.  All  railroad  companies  and  other  common  carriers  on  railroads  shall  weigh 
or  measure  grain  at  points  where  it  is  shipped,  and  receipt  for  the-full  amount,  and 
shall  be  responsible  for  the  delivery  of  such  amount  to  the  owner  or  consignee 
thereof  at  the  place  of  destination. 

5  5.  All  railroad  companies  receiving  and  transporting  grain,  in  bulk  or  other- 
wise, shall  deliver  the  same  to  any  consignee  thereof,  or  any  eleva  or  or  public 
warehouse  to  which  it  may  be  consigned,  provided  such  consignee,  or  the  elevator 
or  public  warehouse,  can  be  reached  by  any  track  owned,  leased  or  used,  or  which 
caii  be  used,  by  such  railroad  companies;  and  all  railroad  companies  shall  permit 
connections  to  be  made  with  their  track,  so  that  any  such  consignee,  and  any  public 
warehouse,  coal  bank  or  coal  yard,  may  be  reached  by  the  cars  on  said  rail- 
road. 

§  6.  It  shall  be  the  duty  of  the  general  assembly  to  pass  all  necessary  laws  to 
prevent  the  issue  of  false  and  fraudulent  warehouse  receipts,  and  to  give  full  effect 
to  this  article  of  the  constitution,  which  shall  be  liberally  construed  so  as  to  protect 
producers  and  shippers.  And  the  enumeration  of  the  remedies  herein  named  shall 
not  be  construed  to  deny  to  the  general  assembly  the  power  to  prescribe  by  law  such 
other  and  further  remedies  as  may  be  found  expedient,  or  to  deprive  any  person  of 
existing  common  law  remedies. 

5  7.  The  general  assembly  shall  pass  laws  for  the  inspection  of  grain,  for  the 
protection  of  producers,  shippers  and  receivers  of  grain  and  produce. 

ARTICLE  XI.— AMENDMENTS  TO  THE  CONSTITUTION. 

5  1.  Whenever  two-thirds  of  the  members  of  each  house  of  the  general  assembly 
shall,  by  a  vote  entered  upon  the  journals  thereof,  concur  that  a  convention  is  nec- 
essary to  revise,  alter  or  amend  the  constitution,  the  question  shall  be  submitted  to 
the  electors  at  the  next  general  election.  If  a  majority  voting  at  the  election  vote 
for  a  convention,  the  general  assembly  shall,  at  the  next  session,  provide  for  a  con- 
vention, to  consist  of  double  the  number  of  members  of  the  senate,  to  be  elected  in 


90  CRAWFORD'S  CIVIL  GOVERNMEMT. 

the  same  manner,  at  the  same  places,  and  in  the  same  districts.  The  general  assem- 
bly shall,  in  the  act  calling  the  convention,  designate  the  day,  hour,  and  place  of 
its  meeting,  fix  the  pay  of  its  members  and  officers,  and  provide  for  the  payment  of 
the  same,  together  with  expenses  necessarily  incurred  by  the  convention  In  the 
performance  of  its  duties.  Before  proceeding,  the  members  shall  take  an  oath  to 
support  the  constitution  of  the  United  Stat.is.  and  of  the  State  of  Illinois,  and  to 
faithfully  discharge  their  duties  as  members  of  the  convention.  The  qualification 
of  members  shall  be  the  same  as  that  of  members  of  the  senate,  and  vacancies  occur- 
ring shall  be  filled  in  the  manner  provided  for  filling  vacancies  in  the  general  assem- 
bly. Said  convention  shall  meet  within  three  months  after  such  election,  and  pre- 
pare such  revision,  alteration  or  amendments  of  the  constitution  as  shall  be  deemed 
necessary,  which  shall  be  submitted  to  the  electors  for  their  ratification  or  rejec- 
tion, at  an  election  appointed  by  the  convention  for  that  purpose,  not  less  than  two 
nor  more  than  six  months  after  the  adjournment  thereof;  and  unless  so  submitted 
and  approved  by  a  majority  of  the  electors  voting  at  the  election,  no  such  revision, 
alterations  or  amendments  shall  take  effect. 

§  2.  Amendments  to  this  constitution  may  be  proposed  in  either  house  of  the 
general  assembly,  and  if  the  same  shall  be  voted  for  by  two-thirds  of  all  the  mem- 
bers elected  to  each  of  the  two  houses,  such  proposed  amendments,  together  with 
the  yeas  and  nays  of  each  house  thereon,  shall  be  entered  in  full  on  their  respective 
journals,  and  said  amendments  shall  be  submitted  to  the  electors  of  this  State  for 
adoption  or  rejection,  at  the  next  election  of  members  of  the  general  assembly,  in 
such  manner  as  may  be  prescribed  by  law.  The  proposed  amendments  shall  be 
published  in  full  at  least  three  months  preceding  the  election,  and  if  a  majority  of 
the  electors  voting  at  said  election  shall  vote  for  the  proposed  amendments,  they 
shall  become  a  part  of  this  constitution.  But  the  general  assembly  shall  have  no 
power  to  propose  amendments  to  more  than  one  article  of  this  constitution  at  the 
same  session,  nor  to  the  same  article  oftener  than  once  in  four  years. 

SEPARATE  SECTIONS. 

No  contract,  obligation,  or  liability  whatever,  of  the  Illinois  Central  Railroad 
Company,  to  pay  any  money  into  the  State  treasury,  nor  any  lien  of  the  State  upon, 
or  right  to  tax  property  of  said  company,  in  accordance  with  the  provisions  of  the 
charter  of  said  company,  approved  February  10,  in  the  year  of  our  Lord  1851,  shall 
ever  be  released,  suspended,  modified,  altered,  remitted,  or  in  any  manner  dimin- 
ished or  impaired  by  legislative  or  other  authority;  and  all  moneys  derived  from 
said  company,  after  the  payment  of  the  State  debt,  shall  be  appropriated  and  set 
apart  for  the  payment  of  the  ordinary  expenses  of  the  State  government,  and  for  no 
other  purposes  whatever. 

MUNICIPAL   SUBSCRIPTIONS   TO   RAILROADS   OR  PRIVATE   CORPORA- 
TIONS. 

No  county,  city,  town,  township,  or  other  municipality,  shall  ever  become  sub- 
scriber to  the  capital  stock  of  any  railroad  or  private  corporation,  or  make  dona- 
tion to  or  loan  its  cretlit  in  aid  of  such  corporation:  Provided,  however,  that  the 
adoption  of  this  article  shall  not  be  construed  as  aifecting  the  right  of  any  such 
municipality  to  make  such  subscriptions  where  the  same  have  been  authorized, 
under  existing  laws,  by  a  vote  of  the  people  of  such  municipalities  prior  to  such 
adoption. 

CANAL. 

The  Illinois  and  Michigan  Canal  shall  never  be  sold  or  leased  until  the  specific 
proposition  for  the  sale  or  lease  thereof  shall  first  have  been  submitted  to  a  vote  of 
the  people  of  the  State  at  a  general  election,  and  have  been  approved  by  a  majority 
of  all  the  votes  polled  at  such  election.  The  general  assembly  shall  never  loan  the 
credit  of  the  State,  or  make  appropriations  from  the  treasury  thereof,  in  aid  of  rail- 


CONSTITUTION   OF   THE    STATE    OF   ILLINOIS.  01 


roads  or  canals:    Provided,  that  any  surplus  earnings  of  any  canal  may  be  appro- 
priated for  its  enlargement  or  extension. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amendments  made  in 
the  constitution  of  this  State,  and  to  carry  the  same  into  complete  effect,  it  is  hereby 
ordained  and  declared: 

§  1.  That  all  laws  in  force  at  the  adoption  of  this  constitution  not  inconsistent 
therewi  h,  and  all  rights,  actions,  prosecutions,  claims,  and  contracts  of  this  State, 
individuals,  or  bodies  corporate,  shall  continue  to  be  as  valid  as  if  this  constitution 
had  not  been  adopted. 

5  2.  That  all  fines,  taxes,  penalties  and  forfeitures,  due  and  owing  to  the  State  of 
Illinois  under  the  present  constitution  and  laws,  shall  inure  to  the  use  of  the  people 
of  the  State  of  Illinois,  under  this  constitution. 

5  3.  Recognizances,  bonds,  obligation,  and  all  other  instruments  entered  into 
or  executed  before  the  adoption  of  this  constitution,  to  the  people  of  the  State 
of  Illinois,  to  any  State  or  county  officer  or  public  body,  shall  remain  binding  and 
valid;  and  rights  and  liabilities  upon  the  same  shall  continue,  and  all  crimes  and 
misdemeanors  shall  be  tried  and  punished  as  though  no  change  had  been  made  in 
the  constitution  of  this  State. 

§  4.  County  courts  for  the  transaction  of  county  business  in  counties  not  having 
adopted  township  organization,  shall  continue  in  existence  and  exercise  their  pres- 
ent jurisdiction  until  the  board  of  county  commissioners  provided  in  this  constitu- 
tion is  organized  in  pursuance  of  an  act  of  the  general  assembly;  and  the  county 
courts  in  all  other  counties  shall  have  the  same  power  and  jurisdiction  they  now 
possess  until  otherwise  provided  by  general  law. 

5  5.  All  existing  courts  which  are  not  in  this  constitution  specifically  enumer- 
ated, shall  continue  in  existence  and  exercise  their  present  jurisdiction  until 
otherwise  provided  by  law. 

§  6.  All  persons  now  filling  any  office  or  appointment  shall  continue  in  the 
exercise  of  the  duties  thereof  according  to  their  respective  commissions  or  ap- 
pointments, unless  by  this  constitution  it  is  otherwise  directed. 

§  7.  On  the  day  this  constitution  is  submitted  to  the  people  for  ratification,  an 
election  shall  be  held  for  judges  of  the  supreme  court,  in  the  second,  third,  sixth 
and  seventh  judicial  election  districts,  designated  in  this  constitution,  and  for  the 
election  of  three  judges  of  the  circuit  court  in  the  county  of  Cook,  as  provided  for 
in  the  article  of  this  constitution  relating  to  the  judiciary;  at  which  election  every 
person  entitled  to  vote,  according  to  the  terms  of  this  constitution,  shall  be  allowed 
to  vote,  ami  the  election  shall  be  otherwise  conducted,  returns  made  and  certificates 
issued,  in  accordance  with  existing  laws,  except  that  no  registry  stall  be  required 
at  said  election;  Provided,  that  at  said  election  in  the  county  of  Cook  no  elector  shall 
vote  for  more  than  two  candidates  for  circuit  judge.  If,  upon  canvassing  the  votes 
for  and  againstthe  adoption  of  this  constitution,  it  shall  appear  that  there  has  been 
polled  a  greater  number  against  than  for  it,  then  no  certificates  of  election  shall  be 
issued  for  any  of  said  supreme  or  circuit  judges. 

§  8.  This  constitution  shall  be  submitted  to  the  people  of  the  State  of  Illinois  for 
adoption  or  rejection,  at  an  election  to  be  held  on  the  first  Saturday  in  July,  A.  D. 
1870,  and  there  shall  be  separately  submitted  at  the  same  time,  for  adoption  or 
rejection: 

Sections  nine,  ten,  eleven,  twelve,  thirteen,  fourteen  and  fifteen,  relating  to  rail- 
roads, in  the  article  entitled  corporations; 

The  article  entitled  counties; 

The  article  entitled  warehouses; 

The  question  of  requiring  three-fifths  vote  to  remove  a  county  seat; 

The  section  relating  to  the  Illinois  Central  railroad; 

The  section  relating  to  minority  representation; 

The  section  relating  to  municipal  subscriptions  to  railroads  or  private  corpora- 
tions, and 


92  CRAWFORD'S  CIVIL  GOVERNMENT. 

The  section  relating  to  the  canal. 

Every  person  entitled  to  vote  under  the  provisions  of  this  constitution,  as  de- 
fined in  the  article  in  relation  to  "suffrage,"  shall  be  entitled  to  vote  for  the  adoption 
or  rejection  of  this  constitution,  and  for  or  against  the  articles,  sections  and  ques- 
tions aforesaid,  separately  submitted;  and  the  said  qualified  electors  shall  vote  at 
the  usual  places  of  voting,  unless  otherwise  provided,  and  the  said  elections  shall 
be  conducted,  and  returns  thereof  made,  according  to  the  laws  now  in  force  re- 
gulating general  elections,  except  that  no  registry  shall  be  required  at  said  election: 
Provided,  however,  that  the  polls  shall  be  kept  open  for  the  reception  of  ballots 
until  sunset  of  said  day  of  election. 

§  9.  The  Secretary  of  State  shall,  at  least  twenty  days  before  said  election,  cause 
to  be  delivered  to  the  county  clerk  of  each  county,  blank  poll-books,  tally-lists  and 
forms  of  return  and  twice  the  number  of  properly  prepared  printed  ballots  for  the 
said  election  that  there  are  voters  in  such  county,  the  expense  whereof  shall  be 
audited  and  paid  as  other  public  printing  ordered  by  the  Secretary  of  State  is,  by 
law,  required  to  be  audited  and  paid;  and  the  several  county  clerks  shall,  at  least 
five  days  before  said  election,  cause  to  be  distributed  to  the  board  of  election,  in  each 
election  district,  in  their  respective  counties,  said  blank  poll-books,  tally-lists,  forms 
of  return,  and  tickets. 

§  10.    At  the  said  election  the  ballots  shall  be  in  the  following  form: 

NEW  CONSTITUTION  TICKET. 

For  all  the  propositions  on  this  ticket  which  are  not  canceled  with  ink  or  pen- 
cil; and  against  all  propositions  which  are  so  canceled. 

For  the  new  constitution. 

For  the  sections  relating  to  railroads  in  the  article  entitled  corporations. 

For  the  article  entitled  counties. 

For  the  article  entitled  warehouses. 

For  a  three-fifths  vote  to  remove  county  seats. 

For  the  sections  relating  to  the  Illinois  Central  railroad. 

For  the  section  relating  to  minority  representation. 

For  the  section  relating  to  municipal  subscriptions  to  railroads  or  private  cor- 
porations. 

For  the  section  relating  to  the  canal. 

Each  of  said  tickets  shall  be  counted  as  a  vote  cast  for  each  proposition  thereon 
not  canceled  with  ink  or  pencil,  and  against  each  proposition  so  canceled,  and 
returns  thereof  shall  be  made  accordingly  by  the  judges  of  election. 

§  11.  The  returns  of  tlie  whole  vote  cast,  and  of  the  votes  for  the  adoption  or 
rejection  of  this  Constitution,  and  for  or  against  the  articles  and  sections  respective- 
ly submitted,  shall  be  made  by  the  several  county  clerks,  as  is  now  provided  bv  law, 
to  the  Secretary  of  State,  within  twenty  days  after  the  election;  and  the  returns  of 
the  said  votes  shall,  within  five  days  thereafter,  be  examined  and  canvassed  by  the 
Auditor,  Treasurer  and  Secretary  of  State,  or  any  two  of  them,  in  the  presence  of 
the  Governor,  and  proclamation  shall  be  made  by  the  Governor,  forthwith,  of  the 
result  of  the  canvass. 

§  12.  If  it  shall  appear  that  a  majority  of  the  votes  polled  are  "for  the  new  Con- 
stitution," then  so  much  of  tliis  Constitution  as  was  not  separately  submitted  to  be 
voted  on  by  articles  and  sections  sliall  be  the  supreme  law  of  the  State  of  Illinois, 
on  and  after  Monday,  the  8th  day  of  August,  A.  D.  1870 ;  but  if  it  shall  appear  that 
a  majority  of  the  votes  polled  were  "against  the  new  Constitution,"  then  so  much 
thereof  as  was  not  separately  submitted  to  be  voted  on  by  articles  and  sections  shall 
be  null  and  void.  If  it  shall  appear  that  a  majority  of  the  votes  polled  are  "for  the 
sections  relating  to  railroads,  in  the  article  entitled  'corporations.'"  sections  nine, 
ten,  eleven,  twelve,  thirteen,  fourteen  and  fifteen,  relating  to  railroads  in  the  said 
article,  shall  be  a  part  of  the  Constitution  of  this  State;  but  if  a  majority  of  said 
votes  are  against  such  sections,  they  shall  be  null  and  void.  If  a  majority  of  the 
rotes  polled  are  "for  the  article  entitled  'counties,' "  such  article  shall  be  a  part  of 


CONSTITUTION   OF  THE   STATE   OF  ILLINOIS.  93 

the  Constitution  of  this  State,  and  shall  be  substituted  for  article  seven  in  the 
present  Constitution,  entitled  "counties;"  but  if  a  majority  of  said  votes  are  against 
such  article,  the  same  shall  be  null  and  void.  If  a  majority  of  the  votes  polled  are 
for  the  article  entitled  "  warehouses,"  such  article  shall  be  a  part  of  the  Constitution 
of  tliis  State;  but  if  a  majority  of  the  votes  are  against  said  article,  the  same  shall 
be  null  and  void.  If  a  majority  of  the  votes  polled  are  for  either  of  the  sections 
separately  submitted  relating  respectively  to  the  "Illinois  Central  railroad," 
"minority  representation,"  "municipal  subscriptions  to  railroads  or  private 
corporations,"  and  the  "canal,"  then  such  of  said  sections  as  shall  receive  such 
majority  shall  be  a  part  of  the  Constitution  of  this  State;  but  each  of  said  sections 
so  separately  submitted,  against  which,  respectively,  there  shall  be  a  majority  of 
the  votes  polled,  shall  be  null  and  void:  Provided,  that  the  section  relating  to  "mi- 
nority representation  '  shall  not  be  declared  adopted  unless  the  portion  of  the  Con- 
stitution not  separately  submitted  to  be  voted  on  by  articles  and  sections  shall  be 
adopted;  and  in  case  said  section  relating  to  "minority  representation"  shall  be- 
come a  portion  of  the  Constitution,  it  shall  be  substituted  for  sections  seven  and 
eight  of  the  legislative  articles.  If  a  majority  of  the  votes  cast  at  such  election 
shall  be  for  a  three-fifths  vote  to  remove  a  county  seat,  then  the  words  "a  ma- 
jority" shall  be  stricken  out  of  section  four  of  the  article  on  counties,  and  the  words 
"three-fifths  "shall  be  inserted  in  lieu  thereof;  and  the  following  words  shall  be 
added  to  said  section,  to-wit:  "But  when  an  attempt  is  made  to  remove  a  county 
seat  to  a  point  nearer  to  the  centre  of  a  county,  then  a  majority  vote  only  shall  be 
necessary."  If  the  foregoing  proposition  shall  not  receive  a  majority  of  the  votes 
as  aforesaid,  then  the  same  shall  have  no  effect  whatever. 

§  13.  Immediately  after  the  adoption  of  this  Constitution,  the  Governor  and 
Secretary  of  State  shall  proceed  to  ascertain  and  flx  the  apportionment  of  the  State 
for  members  of  the  first  house  of  Representatives  under  this  Constitution.  The  ap- 
portionment shall  be  based  upon  the  federal  census  of  the  year  A.  D.  1870,  of  the 
State  of  Illinois,  and  shall  be  made  strictly  in  accordance  with  the  rules  and  princi- 
ples announced  in  the  article  on  the  legislative  department  of  this  Constitution  : 
Provided,  that  in  case  the  federal  census  aforesaid  cannot  be  ascertained  prior  to 
Friday,  the  23d  day  of  September,  A.  D.  1870,  then  the  said  apportionment  shall  be 
based  upon  the  State  census  of  the  year  A.  D.  1865,  in  accordance  with  the  rules  and 
principles  aforesaid.  The  Governor  shall,  on  or  before  Wednesday,  the  28th  day  of 
September,  A.  D.  1870,  make  official  announcement  of  the  said  apportionment, 
under  the  great  seal  of  the  State,  and  one  hundred  copies  thereof,  duly  certified, 
shall  be  forthwith  transmitted  by  the  Secretary  of  State  toeach  county  clerk  for  dis- 
tribution. 

§  14.  The  districts  shall  be  regularly  numbered  by  the  Secretary  of  State,  com- 
mencing with  Alexander  County  as  N.«.  1,  and  proceeding  thence  northwardly 
through  the  State,  and  terminating  with  the  county  of  Cook;  but  no  county  shail  be 
numbered  as  more  than  one  district,  except  the  county  of  Cook,  which  shall  consti- 
tute three  districts,  each  embracing  the  territory  contained  in  the  now  existing  rep- 
resentative districts  of  said  county.  And  on  the  Tuesday  after  the  first  Monday  in 
November,  A.  D.  1870,  the  members  of  the  first  house  of  representatives  under  this 
Constitution  shall  be  elected  according  to  the  apportionment  fixed  and  announced 
as  aforesaid,  and  shall  hold  their  offices  for  two  years,  and  until  their  successors 
shall  be  elected  and  qualified. 

§  15.  The  senate,  at  its  first  session  under  this  Constitution,  shall  consist  of  fifty 
members,  to  be  chosen  as  follows  :  At  the  general  election  held  on  the  first  Tuesday 
after  the  first  Monday  of  November,  A.  D.  1870,  two  senators  shall  be  elected  in  dis- 
tricts where  term  of  senators  expire  on  the  first  Monday  of  January,  A.  D.  1871,  or 
where  there  shall  be  a  vacancy,  and  in  the  remaining  districts  one  senator  shall  be 
elected.  Senators  so  elected  shall  hold  their  office  for  two  years. 

5  16.  The  general  assembly,  at  its  first  session  held  after  the  adoption  of  this 
Constitution,  shall  proceed  to  apportion  the  State  for  members  of  the  senate  and 


94:  CRAWFORD'S  CIVIL  GOVERNMENT. 


house  of  representatives,  iu  accordance  with  the  provisions  of  the  article  on  the  leg- 
islative department. 

§  17.  When  this  Constitution  shall  be  ratified  by  the  people,  the  governor  shall 
forthwith,  after  having  ascertained  the  fact,  issue  writs  of  election  to  the  sheriffs  of 
the  several  counties  of  this  State,  or  in  case  of  vacancies,  to  the  coroners,  for  the 
election  of  all  the  officers,  the  time  of  whose  election  i  s  fixed  by  this  constitution  or 
schedule,  and  it  shall  be  the  duty  of  said  sheriffs  or  coroners  to  give  such  notice  of 
the  time  and  place  of  said  election  as  is  now  prescribed  by  law. 

§  18.  All  laws  of  the  State  of  Illinois,  and  all  official  writings,  and  tlie  executive, 
legislative  and  judicial  proceedings,  shall  be  couducted,  preserved  and  published  in 
no  other  than  the  English  language. 

§  19.  The  general  assembly  shall  pass  all  laws  necessary  to  carry  into  effect  the 
provisions  of  this  Constitution. 

§  20.  The  circuit  clerks  of  the  different  counties  having  a  population  over  sixty 
thousand,  shall  continue  to  be  recorders  (ex  officio)  for  their  respective  counties 
under  this  Constitution,  until  the  expiration  of  their  respective  terms. 

§  21.  The  judges  of  all  courts  of  record  in  Cook  county  shall,  in  lieu  of  any  sal- 
ary provided  for  in  this  Constitution,  receive  the  compensation  now  provided  by- 
law until  the  adjournment  of  the  first  session  of  the  general  assembly  after  the  adop- 
tion of  this  Constitution. 

§  22.  The  present  judge  of  the  circuit  court  of  Cook  county  shall  continue  to 
hold  the  circuit  court  of  Lake  county  until  otherwise  provided  by  law. 

5  23.  When  this  Constitution  shall  be  adopted,  and  take  effect  as  the  supreme 
law  of  the  State  of  Illinois,  the  two-mill  tax  provided  to  be  annually  assessed  and 
collected  upou  each  dollar's  worth  of  taxable  property  in  addition  to  all  other  taxes, 
as  set  forth  iu  article  fifteen  of  the  now  existing  Constitution,  shall  cease  to  be  as- 
sessed after  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy. 

§  24.  Nothing  contained  in  this  Constitution  shall  be  so  construed  as  to  deprive 
the  general  assembly  of  power  to  authorize  the  city  of  Quincy  to  create  any  indebt- 
edness for  railroad  or  municipal  purposes,  for  which  the  people  of  said  city  shall 
have  voted,  and  to  which  they  shall  have  given,  by  such  vote,  their  assent,  prior  to 
the  thirteenth  day  of  December,  iu  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty-nine:  Provided,  that  no  such  indebtedness  so  created  shall  in  any 
part  thereof  be  paid  by  the  State,  or  from  any  State  revenue,  tax  or  fund,  but  the 
same  shall  be  jiaid,  if  at  all,  by  the  said  city  of  Quincy  alone,  and  by  taxes  levied 
upon  the  taxable  property  thereof  :  And  provided  further,  that  the  general  assem- 
bly shall  have  no  power  in  the  premises  that  it  could  not  exercise  under  the  present 
Constitution  of  this  State. 

§25.  In  case  this  Constitution  and  the  articles  and  sections  submitted  sepa- 
rately be  adopted,  the  existing  Constitution  shall  cease  in  all  its  provisions  ;  and  in 
case  this  Constitution  be  adopted,  and  any  one  or  more  of  the  articles  or  sections 
submitted  separately  be  defeated,  the  provisions  of  the  existing  Constitution  (if 
any)  on  the  same  subject  shall  remain  in  force. 

526.  The  provisions  of  this  Constitution  required  to  be  executed  prior  to  the 
adoption  or  rejection  thereof  shall  take  effect  and  be  in  force  immediately. 

Done  In  convention  at  the  capitol,  in  the  city  of  Springfield,  on  the  thirteenth 
day  of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy,  and 
of  the  independence  of  the  United  States  of  America  the  ninety-fourth. 

-     THE  FOLLOWING  AMENDMENT  TO  SEC.  31,  ART.  4,  WAS  ADOPTED  IN  1878: 

The  General  Assembly  may  pass  laws  permitting  the  owners  of  lands  to  con- 
struct drains,  ditches  and  levees  for  agricultural,  sanitary,  or  mining  purposes, 
across  the  lands  of  others,  and  provide  for  the  organization  of  drainage  districts, 
and  vest  the  corporate  authorities  thereof  with  power  to  construct  and  maintain 
levees,  drains  and  ditches,  and  to  keep  in  repair  all  drains,  ditches,  and  levees  here- 
tofore constructed  under  the  laws  of  this  State,  by  special  assessments  upou  the 
properly  benefited  thereby. 


CONSTITUTION  OF  THE  USITED  STATES. 


[\Ventintooperationonthe  first  Wednesday  in  March,  1789.1 

PREAMBLE. 

WK,  the  people  of  the  United  States,  In  order  to  form  a  more  perfect  union, 
establish  justice,  insure  domestic  tranquillity,  provide  for  the  common  defense, 
promote  the  general  welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and 
our  posterity,  do  ordain  and  establish  this  Constitution  for  the  United  States  of 

AmeriCa'  ARTICLE  I. 

OP  THE  LEGISLATIVE  POWER. 

SECTION  1.  All  legislative  powers  herein  granted  shall  be  vested  in  a  Congress 
of  the  United  States,  which  shall  consist  of  a  Senate  and  House  of  Representatives. 

OF  THE  HOUSE  OP  REPRESENTATIVES. 

SEC.  2.  The  House  of  Representatives  shall  be  composed  of  members  chosen 
every  second  year  by  the  people  of  the  several  States,  and  the  electors  in  each  State 
shall  have  the  qualifications  requisite  for  electors  of  the  most  numerous  branch  of 
the  State  Legislature. 

No  person  shall  be  a  Representative  who  shall  not  have  attained  to  the  age  of 
twenty-five  years,  and  been  seven  years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned  among  the  several  States 
which  may  be  included  within  this  Union,  according  to  their  respective  numbers, 
which  shall  be  determined  by  addingto the  whole  numberof  free  persons,  Including 
those  bound  to  service  for  a  term  of  years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  all  other  persons.  The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the  United  States,  and  within  every 
subsequent  term  of  ten  years,  in  such  manner  as  they  shall  by  law  direct.  The 
number  of  Representatives  shall  not  exceed  one  for  every  thirty  thousand,  but  each 
State  shall  have  at  least  one  Representative;  and,  until  such  enumeration  shall  be 
made,  the  State  of  New  Hampshire  shall  be  entitled  to  choose  three,  Massachusetts 
eight,  Rhode  Island  and  Providence  Plantations  one,  Connecticut  five.  New  York 
six.  New  Jersey  four,  Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia 
ten.  North  Carolina  five,  South  Carolina  five,  and  Georgia  three. 

When  vacancies  happen  in  the  representation  from  any  State,  the  executive 
authority  thereof  shall  issue  writs  of  election  to  fill  such  vacancies. 

The  House  of  Representatives  shall  choose  their  speaker  and  other  officers;  and 
shall  have  the  sole  power  of  impeachment. 

OP  THK  SENATE. 

SEC.  3.  The  Senate  of  the  United  States  shall  be  composed  of  two  Senators  from 
each  State,  chosen  by  the  Legislature  thereof,  for  six  years;  and  each  Senator  shall 
have  one  vote. 

Immediately  after  they  shall  be  assembled  in  consequence  of  the  first  election, 
they  shall  be  divided  as  equally  as  may  be  into  three  classes.  The  seats  of  the  Sen- 
ators of  the  first  class  shall  be  vacated  at  the  expiration  of  the  second  year,  of  the 
second  class  at  the  expiration  of  the  fourth  year,  and  of  the  third  class  at  tlie  expi- 
ration of  the  sixth  year,  so  that  one-third  may  be  chosen  every  second  year;  and  if 
vacancies  happen  by  resignation,  or  otherwise,  during  the  recess  of  the  Legislature 
of  any  State,  the  executive  thereof  may  make  temporary  appointments  until  the 
next  meeting  of  the  Legislature,  which  shall  then  fill  such  vacancies. 


96  CRAWFORD'S  CIVIL  GOVERNMENT. 

No  person  shall  be  a  Senator  who  shall  not  have  attained  to  the  age  of  thirty 
years,  and  been  nine  years  a  citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  State  for  which  he  shall  be  chosen. 

The  Vice-President  of  the  United  States  shall  be  President  of  the  Senate,  but 
shall  have  no  vote,  unless  they  shall  be  equally  divided. 

The  Senate  shallchoose  their  other  officers,  and  shall  have  a  President  pro  tempore, 
In  the  absence  of  the  Vice-President,  or  when  he  shall  exercise  the  office  of  Presi- 
dent of  the  United  States. 

The  Senate  shall  have  the  sole  power  to  try  all  impeachments.  When  sitting  for 
that  purpose,  they  shall  be  on  oath  or  affirmation.  When  the  President  of  the  United 
States  is  tried,  the  Chief  Justice  shall  preside;  and  no  person  shall  be  convicted 
•without  the  concurrence  of  two-thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to  removal 
from  office,  and  disqualification  to  hold  and  enjoy  any  office  of  honor,  trust  or  profit, 
under  the  United  States;  but  the  party  convicted  shall  nevertheless  be  liable  and 
subject  to  indictment,  trial,  judgment  and  punishment  according  to  law. 

MANNER   OP    ELECTING    MEMBERS. 

SEC.  4.  The  times,  places  and  manner  of  holding  elections  for  Senators  and 
Kepresentatives,  shall  be  prescribed  in  each  State  by  the  Legislature  thereof;  but 
the  Congress  may  at  any  time,  by  law,  make  or  alter  such  regulations,  except  as  to 
the  places  of  choosing  Senators. 

CONGRESS  TO  ASSEMBLE  ANNUALLY. 

The  Congress  shall  assemble  at  least  once  in  every  year,  and  such  meeting  shall 
be  on  the  first  Monday  in  December,  unless  they  shall  by  law  appoint  a  different  day. 

POWERS. 

SEC.  5.  Each  house  shall  be  the  judge  of  tiie  elections,  returns  and  qualifications 
of  its  own  members,  and  a  majority  of  each  shall  constitute  a  quorum  to  do  busi- 
ness; but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  be  authorized 
to  compel  the  attendance  of  absent  members,  in  such  manner,  and  under  such 
penalties,  as  each  house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings,  punish  its  members  for 
disorderly  behavior,  and,  with  the  concurrence  of  two-thirds,  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and  from  timeto  time  publish 
the  same,  excepting  such  parts  as  may,  in  their  judgment,  require  secrecy;  and  the 
yeas  and  nays  of  the  members  of  either  house  on  any  question  shall,  at  the  desire  of 
one-fifth  of  those  present,  be  entered  on  the  journal. 

Neither  house,  during  the  session  of  Congress,  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting. 

COMPENSATION,  ETC.,  OF  MEMBERS. 

SEC.  6.  The  Senators  and  Representatives  shall  receive  a  compensation  for  their 
services,  to  be  ascertained  by  law,  and  paid  out  of  the  Treasury  of  the  United  States. 
They  shall  in  all  cases,  except  treason,  felony  and  breach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  the  session  of  their  respective  houses,  and  in 
going  to  and  returning  from  the  same ;  and  for  any  speech  or  debate  in  either  house, 
they  shall  not  be  questioned  in  any  other  place. 

No  Senator  or  Representative  shall,  during  the  time  for  which  he  was  elected,  be 
appointed  to  any  civil  office  under  the  authority  of  the  United  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have  been  increased  during 
such  time;  and  no  person  holding  any  office  under  the  United  States,  shall  be  a 
member  of  either  house  during  his  continuance  in  office. 

MANNER   OF    PASSING   BILLS,    ETC. 

SEC.  7.  All  bills  for  raising  revenue  shall  originate  in  the  House  of  Representa- 
tives; but  the  Senate  may  propose  or  concur  with  amendments  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  House  of  Representatives  and  the  Senate, 
shall,  before  it  becomes  a  law,  be  presented  to  the  President  of  the  United  States; 
If  he  approve  he  shall  sign  it,  but  if  not  he  shall  return  it,  with  his  objections,  to 


CONSTITUTION   OF  THE   UNITED    STATES.  97 

that  house  In  which  It  shall  have  originated,  who  shall  enter  the  objections  at  large 
on  their  journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  two- 
thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the 
objections,  to  the  other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  that  house,  it  shall  become  a  law.  But  in  all  such  cases 
the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
persons  voting  for  and  against  the  bill  shall  be  entered  on  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  by  the  President  within  ten  days 
(Sunday  excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall  be  a 
law,  in  like  manner  as  if  he  had  si  •  ned  it,  unless  the  Congress  by  their  adjournment 
prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

Every  order,  resolution  or  vote,  to  which  the  concurrence  of  the  Senate  and 
House  of  Representatives  may  be  necessary  (except  on  a  question  of  adjournment), 
shall  be  presented  to  the  President  of  the  United  States;  and  before  the  same  shall 
take  effect,  shall  be  approved  by  him,  or  being  disapproved  by  him.  shall  be  re- 
passed  by  two-thirds  of  the  Senate  and  House  of  Representatives,  according  to  the 
rules  and  limitations  prescribed  in  the  case  of  a  bill. 

POWER    OP   CONGRESS. 

SEC.  8.  The  Congress  shall  have  power  to  lay  and  collect  taxes,  duties,  imposts 
and  excises,  to  pay  the  debts  and  provide  for  the  common  defense  and  general  wel- 
fare of  the  United  States;  but  all  duties,  imposts  and  excises  shall  be  uniform 
throughout  the  United  States; 

To  borrow  money  on  the  credit  of  the  United  States; 

To  regulate  commerce  with  foreign  nations,  and  among  the  several  States,  and 
with  the  Indian  tribes; 

To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws  on  the  subject 
of  bankruptcies  throughout  the  United  States; 

To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin,  and  fix  the  stan- 
dard of  weights  and  measures; 

To  provide  for  the  punishment  of  counterfeiting  the  securities  and  current  coin 
of  the  United  States; 

To  establish  post-offices  and  post-roads; 

To  promote  the  progress  of  science  and  useful  arts,  by  securing  for  limited  times 
to  authors  and  inventors  the  exclusive  right  to  their  respective  writings  and  dis- 
coveries; 

To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

To  define  and  punish  piracies  and  felonies  comuiitied  on  the  high  seas,  and 
offenses  against  the  law  of  nations: 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make  rules  concerning 
captures  on  land  and  water; 

To  raise  and  support  armies,  but  no  appropriation  of  money  to  that  use  shall  be 
for  a  longer  term  than  two  years; 

To  provide  and  maintain  a  navy; 

To  make  rules  for  the  governmentand  regulation  of  the  land  and  naval  forces; 

To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the  Union,  suppress 
insurrections  and  repel  invasions; 

To  pro  vide  for  organizing,  arm  ing  and  disci  pi  in  ing  the  militia,  and  for  governing 
surh  part  of  them  as  may  be  employed  in  the  service  of  the  United  States,  reserving 
to  tin-  states  respectively  the  appointment  of  the  officers,  and  Hie  authority  of  train- 
ing the  militia  according  to  the  discipline  prescribed  by  Congress; 

To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over  such  district  (not 
exceeding  ten  miles  square)  as  may.  by  cession  of  particular  States,  and  the  acvpt- 
ance  of  Congress,  become  the  seat  of  the  government  of  the  United  States,  and  to 
exeroise  like  authority  over  all  places  purchased  by  the  consent  of  the  Legislature  of 
the  state  in  which  the  same  shall  be,  for  the  erection  of  forts,  magazines,  arsenals, 
dockyards  and  other  needful  buildings;  and 

To  make  all  laws  which  shall  be  necessary  and  proper  for  carrying  into  execu- 
tion the  foregoing  powers,  and  all  other  powers  vested  by  this  Constitution  iu  the 
government  of  the  United  States,  or  iu  any  department  or  officer  thereof. 


98  CRAWFORD'S  CIVIL  GOVERNMENT. 

LIMITATION    OP    THE    POWERS    OP    CONGRESS. 

SEC.  9.  The  migration  or  importation  of  such  persons  as  any  of  the  States  nojs 
existing  shall  think  proper  to  admit,  shall  not  be  prohibited  by  the  Congress  prior 
to  the  year  one  thousand  eight  hundred  and  eight,  but  a  tax  or  duty  may  be  imposed 
on  such  importation,  not  exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless  when  in 
cases  of  rebellion  or  invasion  the  public  safety  may  require  it. 

No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

No  capitation,  or  other  direct  tax  shall  be  laid,  unless  in  proportion  to  the  census 
or  enumeration  hereinbefore  directed  to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

No  preference  shall  be  given  by  any  regulation  of  commerce  or  revenue  to  the 
ports  of  one  State  over  those  of  another;  nor  shall  vessels  bound  to,  or  from,  one 
State,  be  obliged  to  enter,  clear  or  pay  duties  in  another. 

No  money  shall  be  drawn  from  the  treasury,  but  in  consequence  of  appropria- 
tions made  by  law ;  and  a  regular  statement  and  account  of  the  receipts  and  expendi- 
tures of  all  public  money  shall  be  published  from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United  States ;  and  no  person  holding 
any  office  of  profit  or  trust  under  them  shall,  without  the  consent  of  the  Congress, 
accept  of  any  present,  emolument,  office  or  title,  of  any  kind  whatever,  from  any 
king,  prince  or  foreign  State. 

LIMITATION   OP  THE  POWERS  OP  THE    INDIVIDUAL  STATES. 

SEC.  10.  No  State  shall  enter  into  any  treaty,  alliance  or  confederation;  grant 
letters  of  marque  and  reprisal;  coin  money;  emit  bills  of  credit;  make  any  tiling 
but  gold  and  silver  coin  a  tender  in  payment  of  debts;  pass  any  bill  of  attainder, 
ex  post  facto  law,  or  law  impairing  the  obligation  of  contracts  or  grant  any  title  of 
nobility. 

No  State  shall,  without  the  consent  of  the  Congress,  lay  any  imposts  or  duties  on 
imports  or  exports,  except  what  may  be  absolutely  necessary  lor  executing  its 
inspection  laws;  and  the  net  produce  of  all  duties  and  imposts,  lai<l  by  any  State  on 
imports  or  exports,  shall  be  for  the  use  of  the  treasury  of  the  United  States;  and  all 
such  laws  shall  be  subject  to  the  revision  and  control  of  the  Congress. 

No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of  tonnage,  keep 
troops,  or  ships  of  war,  in  time  of  peace,  enter  into  any  agreement  or  compact  with 
another  State,  or  with  a  foreign  power,  or  engage  in  war,  unless  actually  invaded, 
or  in  such  imminent  danger  as  will  not  admit  of  delay. 

ARTICLE  II. 

EXECUTIVE  POWER. 

SECTION  1.  The  executive  power  shall  be  vested  in  a  President  of  the  United 
States  of  America.  He  shall  hold  his  office  during  the  term  of  four  years,  and 
together  with  the  Vice-President,  chosen  for  the  same  term,  be  elected  as  follows: 

MANNER    OP    ELECTING. 

Each  State  shall  appoint,  in  such  manner  as  the  Legislature  thereof  may  direct, 
a  number  of  electors,  equal  to  the  whole  num  ber  of  Senators  and  Representatives  to 
which  the  State  may  he  entitled  in  the  Congress;  but  no  Senator  or  Representative. 
or  person  holding  an  office  of  trust  or  profit  under  the  United  States,  shall  be 
appointed  an  elector. 

(The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot  for  two  per- 
sons, of  whom  one  at  least  shall  not  bean  inhabitant  of  the  same  State  as  them- 
selves. And  they  shall  make  a  list  of  all  the  persons  voted  for.  and  of  the  number 
of  votes  for  each;  which  list  they  shall  sign  and  certify,  and  transmit  sealed  to  the 
seatof  the  government  of  the  United  States,  directed  to  the  President  of  the  Senate. 
The  President  of  the  Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Repre- 
sentatives, open  all  the  certificates,  and  the  votes  shall  then  be  counted.  The  per- 
son having  the  greatest  number  of  votes  shall  be  the  President,  if  such  number  be 
a  majority  of  the  whole  number  of  electors  appointed;  and  if  there  be  more  than 
one  who  have  sucli  majority,  and  have  an  equal  number  of  votes,  then  tne  House  of 


CONSTITUTION    of  THR  tTNITED   STATES.  99 

Representatives  shall  immediately  choose  by  ballot  one  of  them  for  President;  and 
if  no  person  have  a  majority,  then  from  the  five  highest  on  the  list  the  said  House 
shall  in  like  manner  choose  the  President.  But  inchoosingthe  President,  the  votes 
shall  be  taken  by  States,  the  representation  from  each  State  having  one  vote;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or  members  from  two-thirds  of 
the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a  choice.  In  every 
case,  after  the  choice  of  the  President,  the  person  having  the  greatest  number  of 
votes  of  the  electors  shall  be  the  Vice-President.  But  if  there  should  remain  two 
or  more  who  have  equal  votes,  the  Senate  shall  choose  from  them  by  ballot  the 
Vice-Presdent.*) 

TIME  OP  CHOOSING   ELECTORS. 

The  Congress  may  determine  the  time  of  choosing  the  electors,  and  the  day  on 
which  they  sliall  give  their  votes;  which  day  shall  be  the  same  throughout  the 
United  States. 

WHO   ELIGIBLE. 

No  person  except  a  natural  born  citizen,  or  a  citizen  of  the  Unitec1  States  at  the 
time  of  the  adoption  of  this  Constitution,  shall  be  eligible  to  the  office  of  President; 
neither  shall  any  person  be  eligible  to  that  office  who  shall  not  have  attained  the 
age  of  thirty-five  years,  and  been  fourteen  years  a  resident  within  the  United  States. 

WHEN   THE   PRESIDENT'S   POWER  DEVOLVES   ON   THE   VICE-PRESIDENT. 

In  case  of  the  removal  of  the  President  from  office,  or  of  his  death,  resignation  or 
Inability  to  discharge  the  powers  and  duties  of  the  said  office,  the  same  shall  devolve 
on  the  Vice-President,  and  the  Congress  may  by  law  provide  for  the  case  of 
removal,  death,  resignation  or  inability,  both  of  the  President  and  Vice-President, 
declaring  what  officer  shall  then  act  as  President,  and  such  officer  shall  act  accor- 
dingly until  the  disability  be  removed,  or  a  President  shall  be  elected. 

PRESIDENT'S    COMPENSATION. 

The  President  shall,  at  stated  times,  receive  for  his  services  a  compensation 
which  shall  neither  be  increased  nor  diminished  during  the  period  for  which  he 
shall  have  been  elected,  and  he  shall  not  receive  within  that  period  any  other  emol- 
ument from  the  United  States,  or  any  of  them. 

OATH. 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  following  oath  or 
affirmation:  "I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  President  of  the  United  States,  and  will,  to  the  best  of  my  ability,  preserve, 
protect  and  defend  the  Constitution  of  the  United  States." 

POWERS   AND  DUTIES. 

SEC.  2.  The  President  shall  be  Commander-in-Chief  of  the  army  and  navy  of 
the  United  States,  and  of  the  militia  of  the  several  States  when  ca'led  into  the  actual 
service  of  the  United  States;  he  may  require  the  opinion,  in  writing,  of  the  princi- 
pal officer  in  each  of  the  executive  departments,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices,  and  he  shall  have  power  to  grant  reprieves  and 
pardons  for  offences  against  the  United  States,  except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent  of  the  Senate,  to  make 
treaties,  provided  two-thirds  of  the  Senators  present  concur;  and  he  shall  nomi- 
nate, and  l>y  and  with  the  advice  and  consent  of  the  Senate,  shall  appoint  ambassa- 
dors, other  public  ministers  and  consuls.  Judges  of  the  Supreme  Court,  and  all  other 
officers  of  the  United  States,  whose  appointments  are  not  herein  otherwise  provided 
for,  and  wliich  sliall  be  established  by  law;  but  the  Congress  may  by  law  ve«tthe 
appointment  of  such  inferior  officers,  as  they  think  proper,  in  the  President  alone, 
in  the  Courts  of  law,  or  in  the  heads  of  departments. 

The  President  shall  have  power  to  fill  up  all  vacancies  that  may  happen  during 
the  recess  of  the  Senate,  by  granting  commissions  which  shall  expire  at  the  end  of 
their  next  session. 

*  Altered  by  the  12th  Amendment.    See  page  322. 


100  CRAWFORD'S  CIVIL  GOVERNMENT. 

SEC.  3.  He  shall,  from  time  to  time,  give  to  the  Congress  information  of  the 
state  of  the  Union,  and  recommend  to  their  consideration  such  measures  as  he  shall 
judge  necessary  and  expedient;  he  may,  on  extraordinary  occasions,  convene  both 
houses  or  either  of  them,  and  in  case  of  disagreement  between  them,  with  respect 
to  the  time  of  adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think 
proper;  he  shall  receive  ambassadors  and  other  public  ministers;  he  shall  take  care 
that  the  laws  be  faithfully  executed,  and  shall  commission  all  the  officers  of  the 
United  States. 

OFFICERS    REMOVED. 

SEC.  4.  The  President,  Vice-President,  and  all  civil  officers  of  the  United  States, 
shall  be  removed  from  office,  on  impeachment  for,  and  conviction  of,  treason, 
bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE  III. 
OF  THE  JUDICIARY. 

SECTION  1.  The  judicial  power  of  the  United  States  shall  be  vested  in  one 
Supreme  Court,  and  in  such  inferior  Courts  as  the  Congress  may  from  time  to  time 
ordain  and  establish.  The  Judges,  both  of  the  Supreme  and  inferior  Courts,  shall 
hold  their  offices  during  good  behavior,  and  shall,  at  stated  times,  receive  for  their 
services  a  compensation  which  shall  not  be  diminished  during  their  continuance  in 
office. 

SEC.  2.  (The  judicial  power  shall  extend  to  all  cases,  in  law  and  equity,  arising 
under  this  Constitution,  the  laws  of  the  United  States,  and  treaties  made,  or  which 
shall  be  made,  under  their  authority;  to  all  cases  affecting  ambassadors,  other 
public  ministers  and  consuls;  to  all  cases  of  admiralty  and  maritime  jurisdiction; 
to  controversies  to  which  the  United  States  shall  be  a  party;  to  controversies 
between  two  or  more  States;  between  a  State  and  citizens  of  another  State;  between 
citizens  of  different  States;  between  citizens  of  the  same  State  claiming  lands  under 
grants  of  different  States,  and  between  a  State,  or  the  citizens  thereof,  and  foreign 
States,  citizens  or  subjects.4) 

JURISDICTION  OF   SUPREME  COURT. 

In  all  cases  affecting  ambassadors,  other  public  ministers  and  consuls,  and  those 
in  which  a  State  shall  be  a  party,  the  Supreme  Court  shall  have  original  jurisdic- 
tion. In  all  the  other  cases  before  mentioned,  the  Supreme  Court  shall  have  appel- 
late jurisdiction,  both  as  to  law  and  fact,  with  such  exceptions,  and  under  such 
regulations  as  the  Congress  shall  make. 

OF   TRIALS    FOR  CRIMES. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by  jury;  and 
such  trial  shall  be  held  in  the  State  where  the  said  crimes  shall  have  been  commit- 
ted; but  when  not  committed  within  any  State,  the  trial  shall  be  at  such  place  or 
places  as  the  Congress  may  by  law  have  directed. 

OF  TREASON. 

SEC.  3.  Treason  against  the  United  States  shall  consist  only  in  levying  war 
against  them,  or  in  adhering  to  their  enemies,  giving  them  aid  and  comfort. 

No  ivrson  shall  be  convicted  of  treason  unless  on  the  testimony  of  two  witnesses 
to  the  same  overt  act,  or  on  confession  in  open  Court. 

The  Congress  shall  have  power  to  declare  the  punishment  of  treason,  but  no 
attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture,  except  during 
the  life  of  the  person  attainted. 

ARTICLE  IV. 

STATE  ACTS. 

SECTION  !.  Full  faith  and  credit  shall  be  given  in  each  State  to  the  public  acts, 
records  and  judicial  proceedings  of  every  other  State.  And  the  Congress  may,  by 
general  laws,  prescribe  the  manner  in  which  such  acts,  records  and  proceedings 
shall  be  proved,  and  the  effect  thereof. 

•Altered  by  the  llth  Amendment.    See  page  322. 


CONSTITUTION  OF  THE  UNITED    STATES.  101 

PRIVILEGES    OP    CITIZENS. 

SEC.  2.  The  citizens  of  each  State  shall  be  entitled  to  all  privileges  and  immuni- 
ties of  citizens  in  the  several  States. 

A  person  charged  in  any  State  with  treason,  felony  or  other  crime,  who  shall  fine 
from  justice,  and  be  found  in  another  State,  shall,  on  demand  of  the  executive 
authority  of  the  State  from  which  he  fled,  be  delivered  up,  to  be  removed  to  the 
State  having  jurisdiction  of  the  crime. 

RUNAWAYS   TO    BE    DELIVERED   UP. 

No  person  held  to  service  or  labor  in  one  State,  under  the  laws  thereof,  escaping 
into  another,  shall,  in  consequence  of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor,  but  shall  be  delivered  up  on  claim  of  the  party  to  whom 
such  service  or  labor  may  be  due. 

NEW    STATES. 

SEC.  3.  New  States  may  be  admitted  by  the  Congress  into  this  Union;  but  no 
new  State  shall  be  formed  or  erected  within  the  jurisdiction  of  any  other  State;  nor 
any  State  be  formed  by  the  junction  of  two  or  more  States,  or  parts  of  States,  with- 
out the  consent  of  the  Legislatures  of  the  States  concerned  as  well  as  of  the  Congress. 

TERRITORIAL   ANL)    OTHER   PROPERTY. 

The  Congress  shall  have  power  to  dispose  of,  and  make  all  needful  rules  and 
regulations  respecting,  the  territory,  or  other  property  belonging  to  the  United 
States;  and  nothing  in  tills  Constitution  shall  be  so  construed  as  to  prejudice  any 
claims  of  the  United  States,  or  of  any  particular  State. 

SEC.  4.  The  United  States  shall  guarantee  to  every  State  in  this  Union  a  republi- 
can form  of  government,  and  shall  protect  each  of  them  against  invasion;  and,  on 
application  of  the  Legislature,  or  of  the  Executive  (when  the  Legislature  can  not  be 
convened),  against  domestic  violence. 

ARTICLE  V. 
AMENDMENTS. 

The  Congress,  whenever  two-thirds  of  both  houses  shall  deem  it  necessary,  shall 
propose  amendments  to  this  Constitution ;  or,  on  the  application  of  the  Legislatures 
of  two-thirds  of  the  several  States,  shall  call  a  Convention  for  proposing  amend- 
ments, which,  in  either  case,  shall  be  valid  to  all  intents  and  purposes,  as  partof  this 
Constitution,  when  ratified  by  the  Legislatures  of  three-fourths  of  the  several 
States,  or  by  Conventions  in  three-fourths  thereof,  as  the  one  or  the  other  mode  of 
ratification  may  be  proposed  by  Congress;  provided,  that  no  amendment  which  may 
be  made  prior  to  the  year  one  thousand  eight  hundred  and  eight,  shall  in  any  man- 
ner affect  the  first  and  fourth  clauses  in  the  ninth  Section  of  the  first  Article;  and 
that  no  State,  without  its  consent,  shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 

ARTICLE  VI. 

DEBTS. 

All  debts  contracted,  and  engagements  entered  into,  before  the  adoption  of  this 
Constitution,  shall  be  as  valid  against  the  United  States  under  this  Constitution  as 
under  the  Confederation. 

SUPREME    LAW   OP   THE  LAND. 

This  Constitution,  and  the  laws  of  the  United  States  which  shall  be  made  in  pur- 
suance thereof,  and  all  treaties  made,  or  which  shall  be  made,  under  the  authority 
of  the  United  States  shall  be  the  supreme  law  of  the  land;  and  the  Judges  in  every 
State  shall  be  bound  thereby,  any  thing  in  the  Constitution  or  laws  of  any  State  to 
the  contrary  notwithstanding. 

OATH.— NO   RELIGIOUS  TEST. 

The  Senators  and  Representatives  before  mentioned,  and  the  members  ot  the 
several  State  Legislatures,  and  all  executive  and  judicial  officers,  both  of  the  United 
States  and  of  the  several  States,  shall  be  bound  by  oath  or  affirmation  to  support 
this  Constitution;  but  no  religious  test  shall  ever  be  required  as  a  qualification  to 
any  office,  or  public  trust,  under  the  United  States. 


102  CRAWFORD'S  CIVIL  GOVERNMENT. 

ARTICLE  VII. 

The  ratifications  of  the  Conventions  of  nine  States  shall  be  sufficient  for  the  estab- 
lishment of  this  Constitution  between  the  States  so  ratifying  the  same. 

Done  in  Convention,  by  the  unanimous  consent  of  the  States  present,  the  seven- 
teenth day  of  September,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty-seven,  and  of  the  Independence  of  the  United  States  of  America  the  twelfth. 
In  witness  whereof  we  have  hereunto  subscribed  our  names. 

GEORGE  WASHINGTON, 
President,  and  Deputy  from  Virginia. 

New  Hampshire— John  Langdon,  Nicholas  Gilman.  Massachusetts— Nathaniel 
Gorham,  Rufus  King.  Connecticut— William  Samuel  Johnson,  Roger  Sherman. 
New  York— Alexander  Hamilton.  New  Jersey— William  Livingston,  David  Brear- 
ley,  William  Patterson,  Jonathan  Dayton.  Pennsylvania  —  Benjamin  Franklin, 
Thomas  Mifflin,  Robert  Morris,  George  Clymer,  Thomas  Fitzsimmons,  Jared  Inger- 
soll ,  James  Wilson,  Gouverneur  Morris.  Delaware— George  Read,  Gunning  Bedford, 
Jr.,  John  Dickinson,  Richard  Bassett,  Jacob  Broom.  Maryland— James  M'Henry, 
Daniel  of  St.  Tho.  Jenifer,  Daniel  Carroll.  Virqinia— John  Blair.  James  Madison, 
Jr.  North.  Carolina— William  Blount,  Richard  Dobbs  Spaight,  Hugh  Williamson. 
South  CaroUna  —  John  Rutledge,  Chas.  Cotesworth  Pinckney,  Charles  Pinckney, 
Pierce  Butler.  Georgia— William  Few,  Abraham  Baldwin. 

Attest,  WILLIAM  JACKSON,  Secretary. 


AMENDMENTS  TO  THE  CONSTITUTION. 

[The  first  ten  amendments  were  proposed  by  Congress  at  their  first  session,  in 
1789.  The  eleventh  was  proposed  in  1794,  and  the  twelfth  in  1803.] 

ARTICLE  I. 
FREE   EXERCISE  OP   RELIGION. 

Congress  shall  make  no  law  respecting  an  establishment  of  religion,  or  prohibit- 
ing the  free  exercise  thereof;  or  abridging  the  freedom  of  speech,  or  of  the  press; 
or  the  right  of  the  people  peaceably  to  assemble,  and  to  petition  the  government  for 
a  redress  of  grievances. 

ARTICLE  II. 

RIGHT  TO  BEAR  ARMS. 

A  well-regulated  militia  being  necessary  to  the  security  of  a  free  State,  the  right 
of  the  people  to  keep  and  bear  arms  shall  not  be  infringed. 

ARTICLE  III. 

NO  SOLDIER  TO   BE   BILLETED,    ETC. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house  without  the  consent 
of  the  owner;  nor  in  time  of  war,  but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE  IV. 

UNREASONABLE   SEARCHES   PROHIBITED. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers  and  effects, 
against  unreasonable  searches  and  seizures,  shall  not  be  violated;  and  no  warrants 
shall  issue  but  upon  probable  cause,  supported  by  oath  or  affirmation,  and  particu- 
larly describing  the  place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

ARTICLE  V. 

CRIMINAL    PROCEEDINGS. 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  Infamous  crime, 
unless  on  a  presentment  or  indictment  of  a  Grand  Jury,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia,  when  in  actual  service,  in  time  of  war  or 
public  danger;  nor  shall  any  person  be  subject  for  the  same  offense  to  be  put  twice 


CONSTITUTION   OF   THE   UNITED    STATES.  103 

in  jeopardy  of  life  or  limb;  nor  shall  be  compelled,  In  any  criminal  case,  to  be  a 
witness  against  himself;  nor  be  deprived  of  life,  liberty  or  property,  without  due 
process  of  law;  nor  shall  private  property  be  taken  for  public  use  without  just  com- 
pensation. 

ARTICLE  VI. 

MODE   OF   TKIAL. 

In  all  criminal  prosecutions  the  accused  shall  enjoy  the  right  to  a  speedy  and 
public  trial,  by  an  impartial  jury  of  the  State  and  district  wherein  the  crime  shall 
have  been  committed,  which  district  shall  have  been  previously  ascertained  by 
law,  and  to  be  informed  of  the  nature  and  cause  of  the  accusation;  to  be  con- 
fronted with  the  witnesses  against  him;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor;  and  to  have  the  assistance  of  counsel  for  his  defense. 

ARTICLE   VII. 

EIGHT   OF   TRIAL    BY    JURY. 

Insults  at  common  law,  where  the  value  in  controversy  shall  exceed  twenty 
dollars,  the  right  of  trial  by  jury  shall  be  preserved;  and  no  fact  tried  by  jury  shall 
be  otherwise  re-examined  in  any  Court  of  the  United  States  than  according  to  the 
rules  of  the  common  law. 

ARTICLE   yill. 

BAIL.  — FIXES. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel  and 
unusual  punishments  inflicted. 

ARTICLE   IX. 

RIGHTS    NOT    ENUMERATED. 

The  enumeration  in  the  Constitution  of  certain  rights,  shall  not  be  construed  to 
deny  or  disparage  others  retained  by  the  people. 

ARTICLE   X. 

POWERS    RESERVED. 

The  powers  not  delegated  to  the  United  States  by  the  Constitution,  nor  prohibited 
by  it  to  the  States,  are  reserved  to  the  States  respectively  or  to  the  people. 

ARTICLE   XI. 

LIMITATION    OF   JUDICIAL    POWER. 

The  judicial  power  of  the  United  States  shall  not  be  construed  to  extend  to  any 
suit  in  law  or  equity  commenced  or  prosecuted  against  one  of  the  United  States  by 
citizens  of  another  State,  or  by  citizens  or  subjects  of  any  foreign  S'ate. 

ARTICLE  XII. 
ELECTION   OF  PRESIDENT. 

The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot  for  President 
and  Vice-President,  one  of  whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves;  they  shall  name  in  their  ballots  the  person  voted  for  as 
President,  and  in  distinct  ballots  the  person  voted  for  as  Vice-President;  and  they 
shall  make  distinct  lists  of  all  persons  voted  for  as  President  and  of  all  persons 
voted  for  as  Vice-President,  and  of  the  number  of  votes  for  each,  which  list 
they  shall  sign  and  certify,  and  transmit  sealed  to  the  Seat  of  the  Government  of 
the  United  States,  directed  to  the  President  of  the  Senate;  the  President  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted;  the  person  having  the  greatest 
number  of  votes  for  President  shall  be  the  President,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed;  and  if  no  person  have  such  a  majority, 
then  from  the  persons  having  the  highest  numbers,  not  exceeding  three,  on  the  list 
of  those  voted  for  as  President,  the  House  of  Representatives  shall  choose  imme- 
diately by  ballot  the  President.  But  in  choosing  the  President,  the  vote  shall  be 
taken  by  States,  the  representatives  from  each  State  having  one  vote;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from  two-thirds  of  the 
States,  and  a  majority  of  aji  th^  States  sbaii  be  necessary  to  a  cuoice,  Ao4  if  the 


104  CRAWFORD'S  CIVIL  GOVERNMENT. 

House  of  Representatives  shall  not  choose  a  President,  whenever  the  right  of  choice 
shall  devolve  upon  them,  before  the  fourth  day  of  March  next  following,  then  the 
Vice-President  shall  act  as  President,  as  in  the  case  of  the  death  or  other  Con- 
stitutional disability  of  the  President. 

The  person  having  the  greatest  number  of  votes  as  Vice-President  shall  be  the 
Vice-PresiUent,  if  such  number  be  a  majority  of  the  whole  number  of  electors 
appointed;  and  if  no  person  have  a  majority,  then  from  the  two  highest  numbers 
on  the  list,  the  Senate  shall  choose  the  Vice-President;  a  quorum  for  the  purpose 
shall  consist  of  two-thirds  of  the  whole  number  of  Senators,  and  a  majority  of  the 
whole  number  shall  be  necessary  to  a  choice. 

But  no  person  Constitutionally  ineligible  to  the  office  of  President  shall  be 
eligible  to  that  of  Vice-President  of  the  United  States. 
[Ratified  in  1865.) 
ARTICLE   XIII. 

SEC.  1.  Neither  Slavery  nor  involuntary  servitude,  except  as  a  punishment  tor 
crime,  whereof  the  party  shall  have  been  duly  convicted,  shall  exist  within  the 
United  States,  or  any  place  subject  to  their  jurisdiction. 

SEC.  2.  Congress  shall  have  power  to  enforce  this  article  by  appropriate  legis- 
lation. 

[Ratified  in  1868-] 
ARTICLE   XIV. 

SEC.  1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject  to  the 
Jurisdiction  thereof,  are  citizens  of  the  United  States,  and  of  the  State  wherein  they 
reside.  No  State  shall  make  or  enforce  any  law  which  shall  abridge  the  privileges 
and  immunities  of  citizens  of  the  United  States.  Nor  shall  any  State  deprive  any 
person  of  life,  liberty  or  property  without  due  process  of  law,  nor  deny  to  any 
person  within  its  jurisdiction  the  equal  protection  of  the  iaws. 

SEC.  2.  Representatives  shall  be  apportioned  among  the  several  States  according 
to  their  respective  numbers,  counting  the  whole  number  of  persons  in  each  State, 
excluding  Indians  not  taxed;  but  whenever  the  right  to  vote  at  any  election  for 
electors  of  President  and  Vice-President,  or  United  States  Representatives  In 
Congress,  executive  and  judicial  officers,  or  the  members  of  the  Legislature  there- 
of, is  denied  to  any  of  the  male  inhabitants  of  such  State,  being  twenty-one  years 
of  age,  and  citizens  of  the  United  States,  or  in  any  way  abridged,  except  lor  pai- 
ticipation  In  rebellion  or  other  crimes,  the  basis  of  representation  therein  shall  be 
reduced  in  the  proportion  which  the  number  of  such  male  citizens  shall  uear  to  the 
whole  number  of  male  citizens  twenty-one  years  of  age  in  that  State. 

SEC.  3.  No  person  shall  be  a  Senator  or  Representative  in  Congress,  elector  of 
President  and  Vice-President,  or  hold  any  office,  civil  or  military,  under  the  United 
States,  or  under  any  State,  who,  having  previously  taken  an  oath  as  a  member  of 
Congress,  or  as  an  officer  of  the  United  States,  or  as  a  member  of  any  State  Legisla- 
ture, or  as  an  executive  or  judicial  officer  of  any  State,  to  support  the  Constitution 
of  the  United  States,  shall  have  engaged  in  insurrection  or  rebellion  against  the 
same,  or  given  aid  or  comfort  to  the  enemies  thereof;  but  Congress  may  by  a  vote 
of  two-thirds  of  each  House,  remove  such  disability. 

SEC.  4.  The  validity  of  the  public  debt  of  the  United  States  authorized  by  law, 
including  debts  incurred  for  the  payment  ot  pensions  and  bounties  tor  service  in 
suppressing  insurrection  or  rebellion,  shall  not  be  questioned;  but  neither  the 
United  States  nor  any  State  shall  assume  to  pay  any  debt  or  obligation  incurred  in 
aid  of  insurrection  or  rebellion  against  the  United  States,  or  any  claim  tor  the  loss 
or  emancipation  of  any  slave,  but  all  such  debts,  obligations  and  claims  shall  be 
illegal  and  void. 

SEC.  5.    The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation, 

the  provisions  of  this  article. 

[Ratified  in  1870.] 

ART;CLE  xv. 

SEC.  1.  The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied  or 
abridged  by  the  United  States,  or  by  any  State,  on  account  ot  race,  color  or  previous 
condition  of  servitude. 

SEC.  2.  The  Congress  shall  have  power  to  enforce  this  Article  by  appropriate 
legislation. 


ADDENDA.  105 


STATE  BOARD  OF  AGRICULTURE. 

[See  page  41.] 

The  State  board  of  agriculture  consists  of  a  president, 
and  one  vice-president  from  each  congressional  district 
in  the  State,  and  of  the  last  ex-president  of  the  board. 
The  board  is  elected  biennially,  on  Wednesday  of  the 
State  fair  week,  on  the  State  fair  grounds,  by  a  conven- 
tion consisting  of  two  or  three  delegates  from  each 
county  in  the  State,  who  have  power  to  cast  three  votes 
for  their  county.  These  delegates  are  chosen  by  the 
agricultural  societies  in  the  respective  counties,  or,  in 
counties  where  no  such  societies  exist,  by  the  county 
board.  The  State  board  of  agriculture  has  control  of 
the  department  of  agriculture,  and  of  the  State  fairs 
and  stock  shows. 


STATE  WEIGH -MASTER. 

[See  page  43.] 

In  all  cities  where  there  is  State  inspection  of  grain, 
the  railway  and  warehouse  commissioners  appoint  a 
State  weigh-master  and  such  assistants  as  may  be  neces- 
sary, whose  duty  it  is  to  inspect  scales,  and  supervise 
the  weighing  of  grain  or  other  property. 


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